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COMPILATION 



OF 



NATIONAL PARK SERVICE LAWS 



109TH CONGRESS 




January 2005 to December 2006 



ONIVERSITY OF GEORGIA 

NOV 7 2007 

LIBRARIES 
OETOSITORY 



UNITED STATES DEPARTMENT OF THE INTERIOR 
DIRKKEMPTHORNE, Secretary 
NATIONAL PARK SERVICE 
MARY BOMAR. Director 



COMPILATION OF 

NATIONAL PARK SERVICE LAWS 

109TH CONGRESS 



January 2005 to December 2006 




^rcH a.^* 



WASHINGTON: 2007 



Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/compilationofnat109unse 



FOREWORD 

This compilation includes all laws enacted by the 109* Congress (2005-2006) 
that affect the National Park Service. We have included both park bills passed 
individually, as well as any legislation concerning national parks that was included 
in appropriations bills. In each case, we have noted in the index the specific section 
of the act where the language can be found. 

The text used for each public law is the same version as is found in the United 
States Statutes at Large. A line of stars in the text denotes omitted, extraneous 
material. 

In addition to the public laws, this compilation includes copies of any 
presidential proclamations and executive orders that affect the National Park 
Service. 

We appreciate the assistance of LaTonya Ward in compiling these laws. If you 
have any questions, please feel free to contact us. 



Tom Wolfe Donald J. Helbnann 

Assistant Director Deputy Assistant Director/ 

Legislative and Congressional Affairs Chief of Legislation 

Legislative and Congressional Affairs 



TABLE OF CONTENTS 

NATIONAL PARK SERVICE LAWS 2005-2006 
109* Congress 

I. General Legislation: 

1. Competitive Sourcing, Sec. 422, Title IV, P.L. 109-54 78 

2. Fee Authority, Sec. 132, Title I, P.L. 109-54 75 

3. Historic Preservation 

(a) Sec. 101, Title I, P.L. 109-135 335 

(b) P.L. 109-453 537 

4. Land and Water Conservation Fund, Sec. 105, Title I, Division C, P.L. 109-432 521 

5. Lighthouse Preservation, Sec. 501, Title V, P.L. 109-241 385 

6. National Park System Advisory Board, Sec. 5, P.L. 109-156 360 

7. Overflights of National Parks, Sec. 177, Title I, P.L. 109-115 323 

8. Transportation Authorities: 

(a) P.L. 109-14 6 

(b) P.L. 109-20 19 

(c) P.L. 109-35 32 

(d) P.L. 109-40 46 

(e) P.L. 109-42 60 

(f) P.L. 109-59 154 

(g) Sec. 144, Admin. Provision, Title I, P.L. 109-115 321 

(h) Sec. 1302, Title XIII, P.L. 109-280 395 

n. Appropriations: 

1. Departmentof Agriculture Appropriations for FY 2006, P.L. 109-97 316 

2. Department of Defense Appropriations for FY 2006, P.L. 109-148 342 

3. Department of the Interior Appropriations for FY 2006, P.L. 109-54 67 

4. Department of Transportation Appropriations for FY 2006, P.L. 109-1 15 320 

5. Emergency Supplemental Appropriations for FY 2005, P.L. 109-13 1 

6. Emergency Supplemental Appropriations for FY 2006, P.L. 109-234 378 

III. National Parks: 

1. Channel Islands, Sec. 1077, Title X, P.L. 109-364 495 

2. Glacier, Sec. 1302, Title XIH, P.L. 109-280 395 

3. Great Basin, Sec. 382, Subtitle H, Title III, Div. C, P.L. 109-432 525 

4. Great Smoky Mountains, Sec. 132, Title I, P.L. 109-54 75 

5. Kenai Fjords, Sec. 438, Title IV, P.L. 109-54 81 

6. Mt. Rainier, NPS, Construction, Title I, P.L. 109-54 69 

7. Redwood: 

(a) Title ffl, P.L. 109-131 333 

(b) Sec. 10, P.L. 109-362 487 



8. Rocky Mountain: 

(a) Private Law 109-1 539 

(b) P.L. 109-93 314 

9. Wind Cave, P.L. 109-71 312 

10. Yellowstone: 

(a) Sec. 6032, P.L. 109-13 3 

(b) Sec. 126, General Provisions, P.L. 109-54 74 

11. Yosemite, Title I, P.L. 109-131 330 

rV. National Historical Parks: 

1. Kalaupapa, Sec. 128, Title I, P.L. 109-54 74 

2. Minute Man, P.L. 109-419 513 

V. National Historic Sites: 

1. Lincoln Home, Sec. 132, Title I, P.L. 109-54 75 

2. Little Rock Central High School, P.L. 109-146 339 

3. Sand Creek Massacre, P.L. 109-45 64 

VL National Memorials and Memorial Parks 

1. Benjamin Franklin, P.L. 109-153 352 

2. Eisenhower, P.L. 109-220 375 

3. Martin Luther King Jr., Sec. 134, Gen. Provisions, Title I, P.L. 109-54 75 

4. Mt. Soledad Veterans, P.L. 109-272 389 

5. Ukraine Famine, P.L. 109-340 485 

6. USS Arizona, Sec. 1017, Subtitle B, Title XP.L. 109-163 367 

Vn. National Monuments: 

1. African Burial Ground, Proclamation 7984 541 

Vm. National Seashores/Lakeshores: 

1. Apostle Islands, Sec. 799, Title VH, P.L. 109-97 319 

2. Cape Lookout, P.L. 109-1 17 325 

3. Gulf Islands: 

(a) Sec. 6034, P.L. 109-13 4 

(b) Sec. 2872, Subtitle E, Title XXVUI, P.L. 109-163 372 

4. Padre Island, Sec. 373, P.L. 109-58 131 

EX. National Recreation Areas: 

1. Delaware Water Gap, P.L. 109-156 358 

2. Golden Gate: 

(a) Sec. 131, Title I, P.L. 109-54 74 

(b) Title II, P.L. 109-131 332 



u 



X. National Parkways: 

1. Blue Ridge, Sec. 799, Title VII, P.L. 109-97 318 

XI. National Capital Parks 

1. Federal and District of Columbia Real Property Conveyance, P.L. 109-396 500 

2. Jackson Place, Madison Place, and Penn. Ave., 

Admin. Provisions, NPS, Title I, P.L. 109-54 70 

3. John F. Kennedy Center, P.L. 109-306 397 

4. Law Enforcement Officers Memorial, P.L. 109-314 398 

XII. National Trails System: 

1. Captain John Smith: 

(a) P.L. 109-418 511 

(b) Sec. 133, Title I, P.L. 109-54 75 

2. New Jersey Coastal Heritage, Sec. 703, Title Vn, P.L. 109-338 481 

3. Trail of Tears (study), P.L. 109-378 498 

Xm. National Heritage Areas: 

1. Arabia Mountain, Subtitle C, Title II, P.L. 109-338 417 

2. Atchafalaya, Subtitle B, Title U, P.L. 109-338 413 

3. Champlain Valley, Subtitle G, Title II, P.L. 109-338 441 

4. Crossroads of the American Revolution, Subtitle J, Title II, P.L. 109-338 459 

5. Freedom's Frontier, Subtitle E, Title II, P.L. 109-338 429 

6. Great Basin, Subtitle H, Title II, P.L. 109-338 446 

7. GuUah/Geechee, Subtitle I, Title II, P.L. 109-338 454 

8. Illinois & Michigan Canal, Title FV, P.L. 109-338 472 

9. John H. Chafee Blackstone River Valley, Title VII, P.L. 109-338 479 

10. Mormon Pioneer, Subtitle D, Title II, P.L. 109-338 422 

11. National Coal, Title IX, P.L. 109-338 484 

12. National Heritage Areas Act of 2006, P.L. 109-338 405 

13. Northern Rio Grande, Subtitle A, Title H, P.L. 109-338 409 

14. Upper Housatonic Valley, Subtitle F, Title II, P.L. 109-338 435 

15. Southern Campaign of the Revolution (study). Subtitle C, Title IK, P.L. 109-338... 470 

16. St. Croix (study). Subtitle B, Title III, P.L. 109-338 469 

17. Western Reserve (study). Subtitle A, Title KI, P.L. 109-338 467 

18. Yuma Crossing, P.L. 109-318 402 

XTV. Wild and Scenic Rivers: 

1. Farmington River and Sahnon Brook, P.L. 109-370 497 

2. Musconetcong, P.L. 109-452 533 

XX. Miscellaneous Enactments: 

1. Angel Island Immigration Station, P.L. 109-1 19 326 



ni 



2. Battle of Franklin (study), P.L. 109-120 328 

3. Buffalo Soldiers Memorial, P.L. 109-152 350 

4. Castle Nugent Farms, St. Croix (study). Title VI, P.L. 109-317 400 

5. Delaware National Coastal (study). Title VI, P.L. 109-338 477 

6. Energy Supplies and Energy Rights-of-Way, P.L. 109-58 83 

7. Japanese American Confinement Sites, P.L. 109-441 530 

8. Lewis & Clark Coin Bicentennial Commemorative Coin, P.L. 109-232 376 

9. Michigan Maritime Sites (study), P.L. 109-436 528 

10. River Raisin (study), P.L. 109-429 515 

11. Ste. Genevieve County, MO (study), P.L. 109-319 403 

12. Service First Initiative, Sec. 428, Title I, P.L. 109-54 79 

13. Youth Conservation Corps, Sec. 2, P.L. 109-154 353 

EXECUTIVE ORDERS, January 20, 2005-December 31, 2006 

E.O. 13371 1/27/2005 Amendments to EO 13285, Relating to the President's Council on 

Service and Civic Participation 556 

E.O, 13385 9/29/2005 Continuance of Certain Federal Advisory Committees and Amendments 

to and Revocation of Other Executive Orders 558 

E.O. 1 3389 1 1/1/2005 Establishment of a Coordinator of federal Support for the Recovery and 

Rebuilding of the Gulf Coast Region 561 

E.O. 13392 12/14/2005 Improving Agency Disclosure of Information 563 

E.O. 13401 4/27/2006 Responsibilities of Federal Departments and Agencies with Respect to 

Volunteer Community Service 568 

E.O. 1 3406 6/23/2006 Protecting Property Rights of the American People 570 

Appendix I 

Establishment of the Northwest Hawaiian Islands Marine National Monument 

-Proclamation 8031 545 



IV 



PUBLIC LAW 109-13— MAY 11, 2005 



119 STAT. 231 



Public Law 109-13 
109th Congress 



An Act 



Making Emergency Supplemental Appropriations for Defense, the Global War on 
Terror, and Tsxinami Relief, for the fiscal year ending September 30, 2005, and 
for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Emergency Supplemental Appro- 
priations Act for Defense, the Global War on Terror, and Tsunami 
ReUef, 2005". 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

DIVISION A— EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
DEFENSE, THE GLOBAL WAR ON TERROR. AND TSUNAMI RELIEF. 2005 

Title I — Defense Related Appropriations 

Title n — International Programs and Assistance for Reconstruction and the War on 

Terror 
Title in — ^Domestic Appropriations for the War on Terror 
Title IV — Indian Ocean Tsunami Relief 
Title V — Other Emergency Appropriations 
Title VI — General Provisions and Technical Corrections 

DIVISION B— REAL ID ACT OF 2005 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to "this 
Act" contained in any division of this Act shall be treated as 
referring only to the provisions of that division. 

DIVISION A— EMERGENCY SUPPLE- 
MENTAL APPROPRIATIONS ACT FOR 
DEFENSE, THE GLOBAL WAR ON TER- 
ROR, AND TSUNAMI RELIEF, 2005 

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2005, and for other piuposes, namely: 



May 11, 2005 
[H.R. 1268] 



Emergency 
Supplemental 
Appropriations 
Act for Defense, 
the Global War 
on Terror, and 
Tsunami Relief, 
2005. 



Emergency 
Supplemental 
Appropriations 
Act for Defense, 
the Global War 
on Terror, and 
Tsunami Relief, 
2005. 



PUBLIC LAW 109-13— MAY 11, 2005 119 STAT. 281 

For an additionsil amount for "Housing for Persons with Disabil- 
ities", $238,080,000, to remain available until September 30, 2006: 
Provided, ITiat these funds shall be available under the same terms 
and conditions as authorized for funds under this heading in Public 
Law 108-447. 

Office of Federal Housing Enterprise Oversight 

salaries and expenses 

(including transfer of funds) 

For an additional amount for the "Office of Federal Housing 
Enterprise Oversight" for carrying out the Federal Housing Enter- 
prises Financial Safety and Soimdness Act of 1992, $5,000,000 
to remain available until expended, to be derived from the Federal 
Housing Enterprises Oversight Fund but not any funds collected 
under section 1316(c) of the Federal Housing Enterprises Financial 
Safety and Soundness Act of 1992 (12 U.S.C. 4516(c)): Provided, 
That notwithstanding section 1316(d) of the Federal Housing Enter- 
prises Financial Safety and Sovindness Act of 1992, any funds 
collected under section 1316(c) of the Federal Housing Enterprises 
Financial Safety and Soundness Act of 1992 shall not be credited 
for fiscal year 2006 as surplus under section 1316(d) of such Act 
or as part of any assessment to be collected for fiscal year 2006 
under section 1316(a) of such Act: Provided further, That not to 
exceed the amount provided herein shall be available fi-om the 
general fund of the Treasury to the extent necessary to inctir 
obligations and make expenditures pending the receipt of collections 
to the Fund: Provided further. That the general fund amount shall 
be reduced as collections are received during the fiscal year so 
as to result in a final appropriation fi-om the general fund estimated 
at not more than $0. 

TITLE VI— GENERAL PROVISIONS AND TECHNICAL 
CORRECTIONS 

AVAILABILITY OF FUNDS 

Sec. 6001. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 

references TO EMERGENCY REQUIREMENTS 

Sec. 6002. Any reference in this Act to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress) 
shall be treated as a reference to the emergency legislation section 
of H. Con. Res. 95 (109th Congress), if H. Con. Res. 95 (109th 
Congress) is adopted prior to the enactment of this Act. 

RURAL BUSINESS-COOPERATIVE SERVICE 

Sec. 6003. None of the funds made available by this or any 
other Act may be used to deny the provision of assistance under 
section 310B(a)(l) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1932(a)(1)) solely due to the failure of the Secretary 
of Labor to respond to a request to certify assistance within the 
time period specified in section 310B(d)(4) of that Act. 



119 STAT. 288 PUBLIC LAW 109-13— MAY 11, 2005 

Economy Act are explicitly identified in each Congressional appro- 
priations justification in support of the President's budget provided 
for each agency and component of the Depeirtment. 

OFFICE OF THE CHIEF INFORMATION OFFICER 

Sec. 6026. Of the funds provided under the heading "Office 
of the Chief Information Officer" in Public Law 108-334, $5,000,000 
shaU not be obligated for salaries and expenses tmtil em expenditure 
plan is submitted to the Committees on Appropriations of the 
Senate and the House of Representatives for £iny information tech- 
nolo^ project that: (1) is fimded by the "Office of the Chief Informa- 
tion Officer"; or (2) is funded by multiple components of the Depart- 
ment of Homeland Security through reimbursable agreements: Pro- 
vided, That such expenditure plan shall include each specific project 
funded, key milestones, all funding sources for each project, details 
of annual and lifecycle costs, and projected cost savings or cost 
avoidance to be achieved by project: Provided further. That the 
expenditure plan shall include a complete list of all legacy systems 
operational as of March 1, 2003, the current operational status 
of each system, and the plans for continued operation or termination 
of each system. 

RESCISSION OF FUNDS 

Sec. 6027. Of the funds appropriated by Public Law 108- 
334 (118 Stat. 1298, 1300, 1302), the following are rescinded: 
$500,000 under the heading "Office of the Secretary and Executive 
Management"; $3,300,000 under the heading "Office of the Under 
Secretary for Management"; $76,000,000 under the heading "Cus- 
toms and Border Protection, Salaries and Expenses"; and 
$85,200,000 under the heading "Immigration and Customs Enforce- 
ment, Salaries and Expenses". 

Sec. 6028. Of the unobligated balances available in the "Depart- 
ment of Homeland Security Working Capital Fund", $20,000,000 
are rescinded. 

REPROGRAMMING and transfer OF FUNDS 

Sec. 6029. Any funds made available to the Department of 
Homeland Security by this Act shall be subject to the terms and 
conditions of Title V of Public Law 108-334. 

bureau of LAND MANAGEMENT, TECHNICAL CORRECTION 

118 Stat. 3072. Sec. 6030. Section 144 of division E of Pubhc Law 108-447 

is amended in paragraph (b)(2) by striking "September 24, 2004" 
and inserting "November 12, 2004". 

FOREST SERVICE TRANSFER 

Sec. 6031. Funds in the amount of $1,500,000, provided in 
Public Law 108—447 for the "Forest Service, Capital Improvement 
and Maintenance" account, are hereby transferred to the "Forest 
Service, State and Private Forestry" account. 

WEST YELLOWSTONE VISITOR INFORMATION CENTER 

~^ Sec. 6032. Notwithstanding any other provision of law, the 
National Park Service is authorized to expend appropriated funds 



PUBLIC LAW 109-13— MAY 11, 2005 



119 STAT. 289 



for the construction, operations and maintenance of an expansion 
to the West Yellowstone Visitor Information Center to be con- 
structed for visitors to, and administration of, Yellowstone National 
Park. 

PESTICIDES TOLERANCE FEES 

Sec. 6033. None of the funds in this or any other Appropriations 
Act may be used by the EnAdronmental Protection Agency or any 
other Federal agency to develop, promulgate, or publish a pesticides 
tolerance fee rulemaking. 

GULF ISLANDS NATIONAL SEASHORE 

"^ Sec. 6034. (a) The Secretary of the Interior shall allow the Mississippi. 
State of Mississippi, its lessees, contractors, and permittees, to Minerals. 
conduct, under reasonable regvdation not inconsistent with extrac- 
tion of the oil and gas minerals reserved by the State of Mississippi 
in the deed referenced in subsection (b): 

(1) exploration, development and production operations on 
sites outside the boundaries of Gulf Islands National Seashore 
that use directional driUing techniques which result in the 
drill hole crossing into the Gulf Islands National Seashore 
and passing under any land or water the surface of which 
is owned by the United States, including terminating in bottom 
hole locations thereunder; and 

(2) seismic and seismic-related exploration activities inside 
the boundaries of Gulf Islands National Seashore to identify 
the oil and gas minerals located within the boundaries of the 
Gulf Islands National Seashore under the surface estate con- 
veyed by the State of Mississippi, all of which oil and gas 
minerals the State of Mississippi reserved the right to extract. 

(b) The provisions of subsection (a) shall not take effect until Contracts, 
the State of Mississippi enters into an agreement with the Secretary 
providing that any actions by the United States in relation to 
the provisions in the section shall not trigger any reverter of any 
estate conveyed by the State of Mississippi to the United States 
within the Gulf Islands National Seashore in Chapter 482 of the 
General Laws of the State of Mississippi, 1971, and the quitclaim 
deed of June 15, 1972. 

SURFACE MINING CONTROL AND RECLAMATION ACT 

Sec. 6035. Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
"June 30, 2005," and inserting "September 30, 2005,". 



resident and nonresident hunting and fishing regulations 

Sec 6036. State Regulation of Resident and Nonresident 
Hunting and Fishing, (a) Short Title.— This section may be 
cited as the "Reaffirmation of State Regulation of Resident and 
Nonresident Hunting and Fishing Act of 2005". 

(b) Declaration of Policy and Construction of Congres- 
sional Silence. — 

(1) In general. — It is the poUcy of Congress that it is 

in the pubhc interest for each State to continue to regulate 



Reaffirmation of 
State Regulation 
of Resident and 
Nonresident 
Hunting and 
Fishing Act 
of 2005. 



PUBLIC LAW 109-13— MAY 11, 2005 119 STAT. 323 

"(ii) Maximum. — ^The total number of visas made avail- 
able vmder paragraph (1) from unused visas from the fiscsd 
years 2001 through 2004 may not exceed 50,000.". 

Approved May 11, 2005. 



LEGISLATIVE HISTORY— H.R. 1268: 

HOUSE REPORTS: Nos. 109-16 (Coram, on Appropriations) and 109-72 (Comm. of 

Conference). 
SENATE REPORTS: No. 109-52 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

Mar. 15, 16, considered and passed House. 

^r. 11-15, 18-21, considered and passed Senate, amended. 

May 5, House agreed to conference report. 

May 10, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005): 

May 11, Presidential statement. 



o 



119 STAT. 324 PUBLIC LAW 109-14— MAY 31, 2005 



Public Law 109-14 
109th Congress 

An Act 

To provide an extension of highway, highway safety, motor carrier safety, transit, 

May JX, zuuo ^^j other programs funded out of the Highway Trust Fund pending enactment 

[H.R. 2566] of a law reauthorizing the Transportation Equity Act for the 21st Century. 

Be it enacted by the Senate and House of Representatives of 
Surface the United States of America in Congress assembled. 

Transportation 

Extension Act of SECTION 1. SHORT TTTLE. 

23 use 101 note This Act may be cited as the "Surface Transportation Extension 

Act of 2005". 

SEC. 2. ADVANCES. 

(a) In General. — Section 2(a)(1) of the Surface Transportation 
Extension Act of 2004, Part V (23 U.S.C. 104 note; 118 Stat. 
1144) is amended by striking "as amended by this section" and 
inserting "as amended by this Act and the Surface Transportation 
Extension Act of 2005". 

(b) Programmatic Distributions. — 

(1) Administration of funds. — Section 2(b)(3) of such Act 
(118 Stat. 1145) is amended by striking "the amendment made 
under subsection (d)" and inserting "section 1101(1) of the 
Transportation Equity Act for the 21st Century". 

(2) Special rules for minimum guarantee. — Section 
2(b)(4) of such Act is amended by striking "$1,866,666,667" 
and inserting "$2,100,000,000". 

(3) Extension of off-system bridge setaside.— Section 
144(g)(3) of title 23, United States Code, is amended by striking 
"May 31" inserting "June 30". 

(c) Authorization of Contract Authority. — Section 
1101(1X1) of the Transportation Equity Act for the 21st Century 
(118 Stat. 1145) is amended by striking "$22,685,936,000 for the 
period of October 1, 2004, through May 31, 2005" and inserting 
"$25,521,678,000 for the period of October 1, 2004, through June 
30, 2005". 

(d) Limitation on Obligations. — Section 2(e) of the Surface 
23 use 104 note. Transportation Extension Act of 2004, Part V (118 Stat. 1146) 

is amended to read as follows: 

"(e) Limitation on Obligations. — 

"(1) Distribution of obligation authority. — Subject to 
paragraph (2), for the period of October 1, 2004, through Jime 
30, 2005, the Secretary shall distribute the obUgation limitation 
made available for Federal-aid highways and highway safety 
construction programs under the heading 'FEDERAL-AID HIGH- 
WAYS' in title I of division H of the Consolidated Appropriations 
Act, 2005 (23 U.S.C. 104 note; 118 Stat. 3204), in accordance 



PUBLIC LAW 109-14— MAY 31, 2005 119 STAT. 325 

with section 110 of such title (23 U.S.C. 104 note; 118 Stat. 
3209); except that the amount of obligation limitation to be 
distributed for such period for each program, project, and 
activity specified in sections 110(a)(1), 110(a)(2), 110(aX4), emd 
110(a)(5) of such title shall equal the greater of— 

"(A) the funding authorized for such program, project, 

or activity in this Act and the Surface TVansportation 

Extension Act of 2005 (including any amendments made 

by this Act and such Act); or 

"(B) ^12 of the funding provided for or limitation set 

on such program, project, or activity in title I of division 

H of the Consolidated Appropriations Act, 2005. 

"(2) Limitation on total amount of authority distrib- 
uted. — The total amount of obligation limitation distributed 
under paragraph (1) for the period of October 1, 2004, through 
June 30, 2005, shall not exceed $26,025,000,000; except that 
this limitation shall not apply to $479,250,000 in obligations 
for minimum gfuarantee for such period. 

"(3) Time period for obligations of funds.— After June 
30, 2005, no funds shall be obligated for any Federal-aid high- 
way program project until the date of enactment of a law 
reauthorizing the Federal-aid highway program. 

"(4) Treatment of obligations.— Any obligation of obliga- AppUcabiiity. 
tion authority distributed under this subsection shall be consid- 
ered to be an obligation for Federal-aid highways and highway 
safety construction programs for fiscal year 2005 for the pur- 
poses of the matter under the heading 'federal-aid highways' 
in title I of division H of the Consolidated Appropriations 
Act, 2005 (23 U.S.C. 104 note; 118 Stat. 3204).". 

SEC. 3. ADlMaNISTRATTVE EXPENSES. 

Section 4(a) of the Surface Transportation Extension Act of 
2004 (118 Stat. 1147) is amended by striking "$234,682,667" and 
inserting "$264,018,000". 

SEC. 4. OTHER FEDERAL-AID HIGHWAY PROGRAMS. 

(a) Authorization of Appropriations Under Title I of TEA- 
21.— 

(1) Federal lands highways. — 

(A) Indl^ reservation roads. — Section 1101(a)(8)(A) 
of the Transportation Equity Act for the 21st Century 
(112 Stat. 112; 118 Stat. 1147) is amended— 

(i) in the first sentence by striking "$183,333,333 
for the period of October 1, 2004, through May 31, 
2005" and inserting "$206,250,000 for the period of 
October 1, 2004, through June 30, 2005"; and 

(ii) in the second sentence by striking "$8,666,667" 
and inserting "$9,750,000". 

(B) Public lands highways.— Section 1101(a)(8)(B) of 
such Act (112 Stat. 112; 118 Stat. 1148) is amended by 
striking "$164,000,000 for the period of October 1, 2004, 
through May 31, 2005" and inserting "$184,500,000 for 
the period of October 1, 2004, through June 30, 2005". 

(C) Park roads and parkways.— Section 1101(a)(8)(C) 
of such Act (112 Stat. 112; 118 Stat. 1148) is amended 
by striking "$110,000,000 for the period of October 1, 2004, 
through May 31, 2005" and inserting "$123,750,000 for 
the period of October 1, 2004, through June 30, 2005". 



119 STAT. 326 PUBLIC LAW 109-14— MAY 31, 2005 

(D) Refuge roads.— Section 1101(a)(8)(D) of such Act 
(112 Stat. 112; 118 Stat. 1148) is amended by striking 
"$13,333,333 for the period of October 1, 2004, through 
May 31, 2005" and inserting "$15,000,000 for the period 
of October 1, 2004, through June 30, 2005". 

(2) National corridor planning and development and 

COORDINATED BORDER INFRASTRUCTURE PROGRAMS.— Section 

1101(aX9) of such Act (112 Stat. 112; 118 Stat. 1148) is 
amended by striking "$93,333,333 for the period of October 
1, 2004, through May 31, 2005" and inserting "$105,000,000 
for the period of October 1, 2004, through June 30, 2005". 

(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 

'P AQjr T'PTtJg 

(A) In general.— Section 1101(a)(10) of such Act (112 
Stat. 113; 118 Stat. 1148) is amended by striking 
"$25,333,333 for the period of October 1, 2004, through 
May 31, 2005" and inserting "$28,500,000 for the period 
of October 1, 2004, through June 30, 2005". 

(B) Set aside for Alaska, new jersey, and Wash- 
ington. — Section 5(a)(3XB) of the Surface Transportation 
Extension Act of 2004, Part V (118 Stat. 1148) is 
amended — 

(i) in clause (i) by striking "$6,666,667" and 
inserting "$7,500,000"; 

(ii) in clause (ii) by striking "$3,333,333" and 
inserting "$3,750,000"; and 

(iii) in clause (iii) by striking "$3,333,333" and 
inserting "$3,750,000". 

(4) National scenic byways program. — Section 
1101(a)(ll) of the Transportation Equity Act for the 21st Cen- 
tury (112 Stat. 113; 118 Stat. 1148) is amended by striking 
"2001," and all that follows through "May 31. 2005" and 
inserting "2001, $25,500,000 for fiscal year 2002, $26,500,000 
for each of fiscal years 2003 and 2004, and $19,875,000 for 
the period of October 1, 2004, through June 30, 2005". 

(5) Value pricing pilot program.— Section 1101(a)(12) 
of such Act (112 Stat. 113; 118 Stat. 1148) is amended by 
striking "$7,333,333 for the period of October 1, 2004, through 
May 31, 2005" and inserting "$8,250,000 for the period of 
October 1, 2004, through June 30, 2005". 

(6) Highway use tax evasion projects. — Section 
1101(a)(14) of such Act (112 Stat. 113; 118 Stat. 1148) is 
amended by striking "$3,333,333 for the period of October 1, 
2004, through May 31, 2005" and inserting "$3,750,000 for 
the period of October 1, 2004, through June 30, 2005". 

(7) Commonwealth of Puerto rico highway program.— 
Section 1101(a)(15)(A) of such Act (112 Stat. 113; 118 Stat. 
1149) is amended by striking "$73,333,333 for the period of 
October 1, 2004, through May 31, 2005" and inserting 
"$82,500,000 for the period of October 1, 2004, through June 
30, 2005". 

(8) Safety grants.— Section 1212(i)(l)(D) of such Act (23 
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 118 Stat. 1149) 
is amended by striking "$333,333 for the period of October 
1, 2004, through May 31, 2005" and inserting "$375,000 for 
the period of October 1, 2004, through June 30, 2005". 



PUBLIC LAW 109-14— MAY 31, 2005 119 STAT. 327 

(9) Transportation and community and system 
PRESERVATION PILOT PROGRAM. — Section 1221(e)(1) of such Act 
(23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 1149) is amended 
by striking "$16,666,667 for the period of October 1, 2004, 
through May 31, 2005" and inserting "$18,750,000 for the period 
of October 1, 2004, through June 30, 2005". 

(10) Transportation infrastructure finance and 
INNOVATION. — Section 188 of title 23, United States Code, is 
amended — 

(A) by striking subsection (a)(1)(G) and inseri;ing the 
following: 

"(G) $97,500,000 for the period of October 1, 2004, 
through June 30, 2005."; 

(B) in subsection (a)(2) by striking "$1,333,333 for the 
period of October 1, 2004, through May 31, 2005" and 
inserting "$1,500,000 for the period of October 1, 2004, 
through June 30, 2005"; and 

(C) in the item relating to fiscal year 2005 in the 
table contained in subsection (c) by striking 
"$1,733,333,333" and inserting "$1,950,000,000". 

(11) National scenic byways clearinghouse. — Section 
1215(bX3) of the Transportation Equity Act for the 21st Century 
(112 Stat. 210; 118 Stat. 1149) is amended— 

(A) by striking "$1,000,000" and inserting "$1,125,000"; 
and 

(B) by striking "May 31" and inserting "June 30". 

(b) Authorization of Approprl\tions Under Title V of 
TEA-21.— 

(1) Surface transportation research. — Section 
5001(aXl) of the Transportation Equity Act for the 21st Century 
(112 Stat. 419; 118 Stat. 1149) is amended by striking 
"$68,666,667 for the period of October 1, 2004, through May 
31, 2005" and inserting "$77,250,000 for the period of October 
1, 2004, through June 30, 2005". 

(2) Technology deployment program. — Section 
5001(a)(2) of such Act (112 Stat. 419; 118 Stat. 1149) is 
amended by striking "$33,333,333 for the period of October 
1, 2004, through May 31, 2005" and inserting "$37,500,000 
for the period of October 1, 2004, through June 30, 2005". 

(3) Training and education. — Section 5001(a)(3) of such 
Act (112 Stat. 420; 118 Stat. 1150) is amended by striking 
"$13,333,333 for the period of October 1, 2004, through May 
31, 2005" and inserting "$15,000,000 for the period of October 
1, 2004, through June 30, 2005". 

(4) Bureau of transportation statistics. — Section 
5001(aX4) of such Act (112 Stat. 420; 118 Stat. 1150) is 
amended by striking "$20,666,667 for the period of October 
1, 2004, through May 31, 2005" and inserting "$23,250,000 
for the period of October 1, 2004, through June 30, 2005". 

(5) Its standards, research, operational tests, and 
development.— Section 5001(aX5) of such Act (112 Stat. 420; 
118 Stat. 1150) is amended by striking "$73,333,333 for the 
period of October 1, 2004, through May 31, 2005" and inserting 
"$82,500,000 for the period of October 1, 2004, through June 
30, 2005". 

(6) Its deployment.— Section 5001(aX6) of such Act (112 
Stat. 420; 118 Stat. 1150) is amended by striking "$81,333,333 



119 STAT. 328 PUBLIC LAW 109-14— MAY 31, 2005 

for the period of October 1, 2004, through May 31, 2005" 
and inserting "$91,500,000 for the period of October 1, 2004, 
through June 30, 2005". 

(7) University transportation research. — Section 
5001(a)(7) of such Act (112 Stat. 420; 118 Stat. 1150) is 
amended by striking "$17,666,667 for the period of October 
1, 2004, through May 31, 2005" and inserting "$19,875,000 
for the period of October 1, 2004, through June 30, 2005". 

(c) Metropolitan Planning. — Section 5(c)(1) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1150) 
is amended by striking "$145,000,000 for the period of October 
1, 2004, through May 31, 2005" and inserting "$163,125,000 for 
the period of October 1, 2004, through June 30, 2005". 

(d) TERRiTORiES.--Section 1101(d)(1) of the Transportation 
Equity Act for the 21st Century (112 Stat. Ill; 118 Stat. 1150) 
is amended by striking "$24,266,667 for the period of October 1, 
2004, through May 31, 2005" and inserting "$27,300,000 for the 
period of October 1, 2004, through June 30, 2005". 

(e) Alaska Highway. — Section 1101(e)(1) of such Act (118 Stat. 

1150) is amended by striking "$12,533,333 for the period of October 
1, 2004, through May 31, 2005" and inserting "$14,100,000 for 
the period of October 1, 2004, through June 30, 2005". 

(f) Operation Lifesaver.— Section 1101(f)(1) of such Act (118 
Stat. 1151) is amended by striking "$333,333 for the period of 
October 1, 2004, through May 31, 2005" and inserting "$375,000 
for the period of October 1, 2004, through June 30, 2005". 

(g) Bridge Discretionary. — Section 1101(g)(1) of such Act (118 
Stat. 1151) is amended — 

(1) by striking "$66,666,667" and inserting "$75,000,000"; 
and 

(2) by striking "May 31" and inserting "June 30". 

(h) Interstate Maintenance. — Section 1101(h)(1) of such Act 
(118 Stat. 1151) is amended— 

(1) by striking "$66,666,667" and inserting "$75,000,000"; 
and 

(2) by striking "May 31" and inserting "June 30". 

(i) Recreational Trails Administrative Costs. — Section 
llOl(iXl) of such Act (118 Stat. 1151) is amended by striking 
"$500,000 for the period of October 1, 2004, through May 31, 2005" 
and inserting "$562,500 for the period of October 1, 2004, through 
June 30, 2005". 

(j) Railway-Highway Crossing Hazard Elimination in High 
Speed Rail Corridors. — Section 1101(j)(l) of such Act (118 Stat. 

1151) is amended — 

(1) by striking "$3,500,000" and inserting "$3,937,500"; 

(2) by striking "$166,667" and inserting "$187,500"; and 

(3) by striking "May 31" each place it appears and inserting 
"June 30". 

(k) Nondiscrimination. — Section llOl(k) of such Act (118 Stat. 
1151) is amended — 

(1) in paragraph (1) by striking "$6,666,667 for the period 
of October 1, 2004, through May 31, 2005" and inserting 
"$7,500,000 for the period of October 1, 2004, through June 
30, 2005"; and 

(2) in paragraph (2) by striking "$6,666,667 for the period 
of October 1, 2004, through May 31, 2005" and inserting 



10 



PUBLIC LAW 109-14— MAY 31, 2005 119 STAT. 329 

"$7,500,000 for the period of October 1, 2004, through June 

30, 2005". 

(1) Administration of Funds. — Section 5(1) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1151) 
is amended — 

(1) by inserting "and section 4 of the Svirface Transportation 
Extension Act of 2005" after "this section" the first place it 
appears; and 

(2) by inserting "or the Eimendment made by section 4(a)(1) 
of such Act" before the period at the end. 

(m) Reduction of Allocated Programs. — Section 5(m) of 
such Act (118 Stat. 1151) is amended — 

(1) by inserting "and section 4 of the Surface Transportation 
Extension Act of 2005" after 'Taut for this section"; 

(2) by striking "both"; 

(3) by striking "and by this section" and inserting ", by 
this section, and by section 4 of such Act"; and 

(4) by inserting "and by section 4 of such Act" before 
the period at the end. 

(n) Program Category Reconciliation. — Section 5(n) of such 
Act (118 Stat. 1151) is amended by inserting "and section 4 of 
the Surface Transportation Extension Act of 2005" after "this sec- 
tion". 

SEC. 5. EXTENSION OF mOHWAY SAFETY PROGRAMS. 

(a) Chapter 1 Highway Safety Programs.— 

(1) Seat belt safety incentive grants. — Section 157(g)(1) 
of title 23, United States Code, is amended by striking 
"$74,666,667 for the period of October 1, 2004, through May 

31, 2005" and inserting "$84,000,000 for the period of October 
1, 2004, through June 30, 2005". 

(2) Prevention of intoxicated driver incentive 
GRANTS. — Section 163(e)(1) of such title is amended by striking 
"$73,333,333 for the period of October 1, 2004, through May 
31, 2005" and inserting "$82,500,000 for the period of October 
1, 2004, through Jime 30, 2005". 

(b) Chapter 4 Highway Safety Programs. — Section 2009(a)(1) 
of the Transportation Equity Act for the 21st Century (112 Stat. 
337; 118 Stat. 1152) is amended by striking "$110,000,000 for 
the period of October 1, 2004, through May 31, 2005" and inserting 
"$123,750,000 for the period of October 1, 2004, through June 
30, 2005". 

(c) Highway Safety Research and Development. — Section 
2009(a)(2) of such Act (112 Stat. 337; 118 Stat. 1152) is amended 
by striking "1998 through" and all that follows through "May 31, 
2005" and inserting "1998 through 2004 and $54,000,000 for the 
period of October 1, 2004, through Jime 30, 2005". 

(d) Occupant Protection Incentive Grants. — Section 
2009(aX3) of such Act (112 Stat. 337; 118 Stat. 1152) is amended 
by striking "$13,333,333 for the period of October 1, 2004, through 
May 31, 2005" and inserting "$15,000,000 for the period of October 
1, 2004, through June 30, 2005". 

(e) Alcohol-Impaired Drfving Countermeasures Incentive 
Grants.— Section 2009(a)(4) of such Act (112 Stat. 337; 118 Stat. 
1153) is amended by striking "$26,666,667 for the period of October 
1, 2004, through May 31, 2005" and inserting "$30,000,000 for 
the period of October 1, 2004, through June 30, 2005". 



11 



119 STAT. 330 PUBLIC LAW 109-14— MAY 31, 2005 

(f) National Driver Register. — Section 2009(a)(6) of such Act 
(112 Stat. 338; 118 Stat. 1153) is amended by striking "$2,400,000 
for the period of October 1, 2004, through May 31, 2005" and 
inserting "$2,700,000 for the period of October 1, 2004, through 
June 30, 2005". 

SEC. 6. FEDEPtAL MOTOR CARRIER SAFETY ADMINISTRATION PRO- 
GRAM. 

(a) Administrative Expenses. — Section 7(a)(1) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1153) 
is amended by striking "$160,552,536 for the period of October 
1, 2004, through May 31, 2005" and inserting "$192,631,044 for 
the period October 1, 2004 through June 30, 2005". 

(b) Motor Carrier Safety Assistance Program. — Section 
31104(a)(8) of title 49, United States Code, is amended to read 
as follows: 

"(8) Not more than $126,402,740 for the period of October 
1, 2004, through June 30, 2005.". 

(c) Information Systems and Commercial Driver's License 
Grants. — 

(1) Authorization of appropriation. — Section 31107(a)(6) 
of such title is amended to read as follows: 

"(5) $14,958,904 for the period of October 1, 2004, through 
June 30, 2005.". 

(2) Emergency cdl grants. — Section 7(cX2) of the Smface 
Transportation Extension Act of 2004, Part V (118 Stat. 1153) 
is amended — 

(A) by striking "May 31," and inserting "June 30,"; 
and 

(B) by striking "$665,753" and inserting "$747,945". 

(d) Crash Causation Study.— Section 7(d) of such Act (118 
Stat. 1154) is amended — 

(1) by striking "$665,753" and inserting "$747,945"; and 

(2) by striking "May 31" and inserting "June 30". 

SEC. 7. EXTENSION OF FEDERAL TRANSIT PROGRAMS, 

(a) Allocating Amounts. — Section 5309(m) of title 49, United 
States Code, is amended — 

(1) in the matter preceding subparagraph (A) of paragraph 
(1) bv striking "May 31, 2005" and inserting "June 30, 2005"; 

(2) in paragraph (2XB)(iii)— 

(A) in the heading by striking "MAY 31, 2005" and 
inserting "JUNE 30, 2005"; 

(B) by striking "$6,933,333" and inserting "$7,800,000"; 
and 

(C) by striking "May 31, 2005" and inserting "June 
30, 2005"; 

(3) in paragraph (3)(B)— 

(A) by striking "$2,000,000" and inserting "$2,250,000"; 
and 

(B) by striking "May 31, 2005" and inserting "June 
30. 2005"; and 

(4) in paragraph (3)(C) — 

(A) by striking "$33,333,333" and inserting 
"$37,500,000"; and 

(B) by striking "May 31, 2005" and inserting "June 
30, 2005". 



12 



PUBLIC LAW 109-14— MAY 31, 2005 119 STAT. 331 

(b) Formula Grants Authorizations. — Section 5338(a) of title 
49, United States Code, is amended — 

(1) in the heading to paragraph (2) by striking "may 31, 
2005" and inserting "JUNE 30, 2005"; 

(2) in paragraph (2XA)(vii) — 

(A) by striking "$2,201,760,000" and inserting 
"$2,545,785,000"; and 

(B) by striking "May 31, 2005" and inserting "June 
30 2005"" 

(3) in paragraph (2XB)(vii) by striking "May 31, 2005" 
and inserting "June 30, 2005"; and 

(4) in paragraph (2)(C) by striking "May 31, 2005" and 
inserting "June 30, 2005". 

(c) Formula Grant Funds. — Section 8(d) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1155) 
is Eunended — 

(1) in the heading by striking "May 31, 2005" and inserting 
"June 30, 2005"; 

(2) in the matter preceding paragraph (1) by striking "May 
31, 2005" and inserting "June 30, 2005"; 

(3) in paragraph (1) by striking "$3,233,300" and inserting 
"$3,637,462"; 

(4) in paragraph (2) by striking "$33,333,333" and inserting 
"$37,500,000"; 

(5) in paragraph (3) by striking "$65,064,001" and inserting 
"$73,197,001"; 

(6) in paragraph (4) by striking "$172,690,702" and 
inserting "$194,277,040"; 

(7) in paragraph (5) by striking "$4,633,333" and inserting 
"$5,212,500"; and 

(8) in paragraph (6) by striking "$2,473,245,331" and 
inserting "$2,782,400,997". 

(d) Capital Program Authorizations. — Section 5338(b)(2) of 
title 49, United States Code, is amended — 

(1) in the heading by striking "MAY 31, 2005" and inserting 

"JUNE 30, 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$1,740,960,000" and inserting 
"$2,012,985,000"; and 

(B) by striking "May 31, 2005" and inserting "June 
30, 2005"; and 

(3) in subparagraph (B)(vii) by striking "May 31, 2005" 
and inserting "June 30, 2005". 

(e) Planning Authorizations and Allocations. — Section 
5338(c)(2) of title 49, United States Code, is amended— 

(1) in the heading by striking "MAY 31, 2005" and inserting 
"JUNE 30, 2005"; 

(2) in subparagraph (AXvii) — 

(A) by striking "$41,813,334" and inserting 
"$48,346,668"; and 

(B) by striking "May 31, 2005" and inserting "June 
30, 2005"; and 

(3) in subparagraph (B)(vii) by striking "May 31, 2005" 
and inserting "June 30, 2005". 

(0 Research Authorizations. — Section 5338(dX2) of title 49, 
United States Code, is amended — 



13 



119 STAT. 332 PUBLIC LAW 109-14— MAY 31, 2005 

(1) in the heading by striking "MAY 31, 2005" and inserting 

"JUNE 30, 2005" ; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$28,266,667" and inserting 
"$32,683,333"; and 

(B) by striking "May 31, 2005" and inserting "June 
30 2005"' 

(3) in subparagraph (BXvii) by striking "May 31, 2005" 
and inserting "June 30, 2005"; and 

(4) in subparagraph (C) by striking "May 31, 2005" and 
inserting "June 30, 2005". 

(g) Allocation of Research Funds. — Section 8(h) of the Sxur- 
face Transportation Extension Act of 2004, Part V (118 Stat. 1156) 
is amended — 

(1) in the heading by striking "MAY 31, 2005" and inserting 
"June 30, 2005"; 

(2) in the matter preceding paragraph (1) by striking "May 
31, 2005" and inserting "June 30, 2005"; 

(3) in paragraph (1) by striking "$3,500,000" and inserting 
"$3,937,500"; 

(4) in paragraph (2) by striking "$5,500,000" and inserting 
"$6,187,500"; and 

(5) in paragraph (3) — 

(A) by striking "$2,666,667" and inserting "$3,000,000"; 
and 

(B) by striking "$666,667" and inserting "$750,000". 
(h) University Transportation Research Authorizations. — 

Section 5338(eX2) of title 49, United States Code, is amended — 

(1) in the heading by striking "MAY 31, 2005" and inserting 

"JUNE 30, 2005"; 

(2) in subparagraph (A) — 

(A) by striking "$3,200,000" and inserting "$3,700,000"; 
and 

(B) by striking "May 31, 2005" and inserting "June 
30, 2005"; 

(3) in subparagraph (B) by striking "May 31, 2005" and 
inserting "June 30, 2005"; and 

(4) in subparagraphs (C)(i) and (CXiii) by striking "May 
31, 2005" and inserting "June 30, 2005". 

(i) Allocation of University Transportation Research 
Funds. — 

(1) In general. — Section 8(j) of the Surface Transportation 
Extension Act of 2004, Part V (118 Stat. 1157) is amended— 

(A) in the matter preceding subparagraph (A) of para- 
graph (1) by striking "May 31, 2005" and inserting "June 
30, 2005"; 

(B) in paragraph (1)(A) by striking "$1,333,333" and 
inserting "$1,500,000"; 

(C) in paragraph (1)(B) by striking "$1,333,333" and 
inserting "$1,500,000"; and 

(D) in paragraph (2) by striking "May 31, 2005" and 
inserting "June 30, 2005" . 

(2) Conforming amendment. — Section 3015(dX2) of the 
Transportation Equity Act for the 21st Century (112 Stat. 857; 

49 use 5338 118 Stat. 1157) is amended by striking "May 31, 2005" and 

note. inserting "June 30, 2005". 



14 



PUBLIC LAW 109-14— MAY 31, 2005 119 STAT. 333 

(j) Administration Authorizations. — Section 5338(f)(2) of title 
49, United States Code, is amended — 

(1) in the heading by striking "MAY 31, 2005" and inserting 

"JUNE 30, 2005" ; 

(2) in subparagraph (AXvii) — 

(A) by striking "$41,600,000" and inserting 
"$48,100,000"; and 

(B) by striking "May 31, 2005" and inserting "June 
30, 2005"; and 

(3) in subparagraph (BXvii) by striking "May 31, 2005" 
and inserting "June 30, 2005". 

(k) Job Access and Reverse Commute Program. — Section 
3037(1) of the Transportation Equity Act for the 21st Century (49 
U.S.C. 5309 note; 112 Stat. 391; 118 Stat. 1157) is amended— 

(1) in paragraph (l)(A)(vii) — 

(A) by striking "$80,000,000" and inserting 
"$92,500,000"; and 

(B) by striking "May 31, 2005" and inserting "June 
30 2005"' 

(2) in paragraph (lXB)(vii) by striking "May 31, 2005" 
and inserting "June 30, 2005"; and 

(3) in paragraph (2) by striking "May 31, 2005, not more 
than $6,666,667" and inserting "June 30, 2005, not more than 
$7,500,000". 

(1) Rural Transportation Accessibility Incentive Pro- 
gram. — Section 3038(g) of the Transportation Equity Act for the 
21st Century (49 U.S.C. 5310 note; 112 Stat. 393; 118 Stat. 1158) 
is amended — 

(1) by striking paragraph (1)(G) and inserting after para- 
graph (IXF) the following: 

"(G) $3,937,500 for the period of October 1, 2004, 
through June 30, 2005."; and 

(2) in paragraph (2) — 

(A) by striking "$1,133,333" and inserting "$1,275,000"; 
and 

(B) by striking "May 31, 2005" and inserting "June 
30, 2005". 

(m) Urbanized Area Formula Grants. — Section 5307(bX2) 
of title 49, United States Code, is amended — 

(1) in the heading by striking "may si, 2005" and inserting 
"JUNE 30, 2005"; and 

(2) in subparagraph (A) by striking "May 31, 2005" and 
inserting "June 30, 2005". 

(n) Obligation Ceiling.— Section 3040(7) of the Transportation 
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 1158) 
is amended — 

(1) by striking "$5,172,000,000" and inserting 
"$5,818,500,000"; and 

(2) by striking "May 31, 2005" and inserting "June 30, 
2005". 

(o) Fuel Cell Bus and Bus Facilities Program. — Section 
3015(b) of the Transportation Equity Act for the 21st Century 
(112 Stat. 361; 118 Stat. 1158) is amended— 

(1) by striking "May 31, 2005" and inserting "June 30, 
2005"; and 

(2) by striking "$3,233,333" and inserting "$3,637,500". 



15 



119 STAT. 334 PUBLIC LAW 109-14— MAY 31, 2005 

(p) Advanced Technology Pilot Project. — Section 3015(c)(2) 
of the Transportation Equity Act for the 2l8t Century (49 U.S.C. 
23 use 322 note. 322 note; 112 Stat. 361; 118 Stat. 1158) is amended— 

(1) by striking "May 31, 2005," and inserting "June 30, 
2005"; and 

(2) by striking "$3,333,333" and inserting "$3,750,000". 

(q) Projects for New Fdced Guideway Systems and Exten- 
sions TO Existing Systems. — Subsections (a), (b), and (cXD of 
section 3030 of the Transportation Equity Act for the 21st Century 
(112 Stat. 373; 118 Stat. 1158) are amended by striking "May 
31, 2005" and inserting "June 30, 2005". 

(r) New Jersey Urban Core Project. — Subparagraphs (A), 
(B), and (C) of section 3031(a)(3) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2122; 118 Stat. 
1158) are amended by striking "May 31, 2005" and inserting "June 
30, 2005". 
23 use 101 note. (s) TREATMENT OF FUNDS. — ^Amounts made available under the 

amendments made by this section shall be treated for purposes 
of section 1101(b) of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 101 note) as amounts made available for pro- 
grams under title III of such Act. 

(t) Local Share. — Section 3011(a) of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5307 note; 118 Stat. 1158) 
is amended by striking "May 31, 2005" and inserting "June 30, 
2005". 

SEC. 8. SPORT nSHING AND BOATING SAFETY. 

(a) Funding for National Outreach and Communications 
Program. — Section 4(c)(7) of the Dingell-Johnson Sport Fish Res- 
toration Act (16 U.S.C. 777c(c)(6)) is amended to read as follows: 

"(6) $7,499,997 for the period of October 1, 2004, through 
June 30, 2005;". 

(b) Clean Vessel Act Funding.— Section 4(bX4) of such Act 
(16 U.S.C. 777c(b)(4)) is amended to read as follows: 

"(4) First 9 months of fiscal year 2005. — ^For the period 
of October 1, 2004, through June 30, 2005, of the balance 
of each annual appropriation remaining after making the dis- 
tribution under subsection (a), an amount equal to $61,499,997, 
reduced by 82 percent of the amount appropriated for that 
fiscal year from the Boat Safety Account of the Aquatic 
Resoiu"ces Trust Fund estabUshed by section 9504 of the 
Internal Revenue Code of 1986 to carry out the purposes of 
section 13106(a) of title 46, United States Code, shall be used 
as follows: 

"(A) $7,499,997 shall be available to the Secretai^ of 
the Interior for 3 fiscal years for obUgation for qualified 
projects under section 5604(c) of the Clean Vessel Act of 
1992 (33 U.S.C. 1322 note). 

"(B) $6,000,000 shall be available to the Secretary of 
the Interior for 3 fiscal years for obUgation for qualified 
projects under section 7404(d) of the Sportfishmg and 
Boating Safety Act of 1998 (16 U.S.C. 777g-l(d)). 

"(C) The balance remaining after the application of 
subparagraphs (A) and (B) shall be transferred to the Sec- 
retary of Transportation and shall be expended for State 
recreational boating safety programs under section 13106 
of title 46, United States Code.". 



16 



PUBLIC LAW 109-14— MAY 31, 2005 119 STAT. 335 

(c) Boat Safety Funds.— Section 13106(c) of title 46, United 
States Code, is amended — 

(1) by striking "$3,333,336" and inserting "$3,750,003"; and 

(2) by striking "$1,333,336" and inserting "$1,500,003". 

SEC. 9. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS 
FOR OBLIGATIONS UNDER TEA-21. 

(a) Highway Trust Fund.— 

(1) In general. — Paragraph (1) of section 9503(c) of the 

Internal Revenue Code of 1986 is amended — 26 USC 9503. 

(A) in the matter before subparagraph (A), by striking 
"June 1, 2005" and inserting "July 1, 2005", 

(B) by striking "or" at the end of subparagraph (J), 

(C) by striking the period at the end of subparagraph 
(K) and inserting ", or", 

(D) by inserting after subparagraph (K) the following 
new subparagraph: 

"(L) authorized to be paid out of the Highway Trust 
Fund under the Surface "ft-ansportation Extension Act of 
2005.", and 

(E) in the matter after subparagraph (L), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2004, Part V" and inserting "Surface 
Transportation Extension Act of 2005". 

(2) Mass transit account.— Paragraph (3) of section 
9503(e) of such Code is amended — 

(A) in the matter before subparagraph (A), by striking 
"June 1, 2005" and inserting "July 1, 2005", 

(B) in subpeiragraph (H), by striking "or" at the end 
of such subparagraph, 

(C) in subparagraph (I), by inserting "or" at the end 
of such subparagraph, 

(D) by inserting after subparagraph (I) the following 
new subparagraph: 

"(J) the Surface Transportation Extension Act of 
2005,", and 

(E) in the matter after subparagraph (J), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2004, Part V" and inserting "Surface 
Transportation Extension Act of 2005". 

(3) Exception to limitation on transfers. — Subpara- 
graph (B) of section 9503(b)(6) of such Code is amended by 
striking "June 1, 2005" and inserting "July 1, 2005". 

(b) Aquatic Resources Trust Fund. — 

(1) Sport fish restoration account.— Paragraph (2) of 

section 9504(b) of the Internal Revenue Code of 1986 is 26 USC 9504. 
amended by striking "Surface Transportation Extension Act 
of 2004, Part V" each place it appears and inserting "Surface 
Transportation Extension Act of 2005". 

(2) Boat safety account. — Subsection (c) of section 9504 
of such Code is amended — 

(A) by striking "June 1, 2005" and inserting "July 
1, 2005", and 

(B) by striking "Surface Transportation Extension Act 
of 2004, Part V" and inserting "Surface Transportation 
Extension Act of 2005". 



17 



119 STAT. 336 PUBLIC LAW 109-14— MAY 31, 2005 

(3) Exception to limitation on transfers. — ^Paragraph 
26 use 9504. (2) of section 9504(d) of such Code is amended by striking 

"June 1, 2005" and inserting "July 1, 2005". 
(c) Extension of Tax, Etc., on Use of Certain Heavy 
Vehicles. — ^The following provisions of the Internal Revenue Code 
of 1986 are each amended by striking "2005" each place it appears 
and inserting "2006": 
26 use 4481. (1) Section 4481(f). 

26 use 4482. (2) Section 4482(c)(4). 

(3) Section 4482(d). 
26 use 4483. (4) Section 4483(h). 

26 use 4481 (d) Effective Date. — ^The amendments made by this section 

note. shall take effect on the date of the enactment of this Act. 

Termination (e) TEMPORARY RULE REGARDING ADJUSTMENTS.— During the 

date. period beginning on the date of the enactment of the Surface 

Transportation Extension Act of 2003 and ending on June 30, 
2005, for purposes of making any estimate imder section 9503(d) 
of the Internal Revenue Code of 1986 of receipts of the Highway 
Trust Fund, the Secretary of the Treasury shjill treat — 

(1) each expiring provision of paragraphs (1) through (4) 
of section 9503(b) of such Code which is related to appropria- 
tions or transfers to such Fund to have been extended through 
the end of the 24-month period referred to in section 
9503(dXl)(B) of such Code, and 

(2) with respect to each tax imposed under the sections 
referred to in section 9503(b)(1) of such Code, the rate of such 
tax during the 24-month period referred to in section 
9503(d)(1)(B) of such Code to be the same as the rate of such 
tax as in effect on the date of the enactment of the Surface 
Transportation Extension Act of 2003. 

Approved May 31, 2005. 



LEGISLATIVE HISTORY— H.R. 2566: 

CONGRESSIONAL RECORD, VoL 151 (2005): 
May 25, considered and passed House. 
May 26, considered and passed Senate. 

o 



18 



119 STAT. 346 PUBLIC LAW 109-20— JULY 1, 2005 



Public Law 109-20 
109th Congress 

An Act 

To provide an extenBion of highway, highway safety, motor carrier safety, transit, 

July I, ^UUo ^jjj other programs funded out of the Highway Trust Fund pending enactment 

[H.R. 3104] of a law reauthorizing the Transportation Equity Act for the 21st Century. 

Be it enacted by the Senate and House of Representatives of 
Surface the United States of America in Congress assembled. 

Transportation 

Extension Act of SECTION 1. SHORT TITLE. 

23 use 101 note Th^^ Act may be cited as the "Surface Transportation Extension 

Actof2005,Partir. 

SEC. 2. ADVANCES. 

(a) In General. — Section 2(a)(1) of the Surface Transportation 
Extension Act of 2004, Part V (23 U.S.C. 104 note; 118 Stat. 
1144; 119 Stat. 324) is amended by striking "and the Surface 
Transportation Extension Act of 2005" and inserting ", the Surface 
Transportation Extension Act of 2005, and the Surface Transpor- 
tation Extension Act of 2005, Part 11". 

(b) Programmatic Distributions. — 

(1) Special rules for minimum guarantee. — Section 
2(b)(4) of such Act (119 Stat. 324) is amended by striking 
"$2,100,000,000" and inserting "$2,240,000,000". 

(2) Extension of off-system bridge setaside. — Section 
144(g)(3) of title 23, United States Code, is amended by striking 
"June 30" inserting "July 19". 

(c) Authorization of Contract Authority. — Section 
1101(1X1) of the Transportation Equity Act for the 21st Century 
(118 Stat. 1145; 119 Stat. 324) is amended by striking 
"$25,521,678,000 for the period of October 1, 2004, through Jvme 
30, 2005" and inserting "$27,223,123,200 for the period of October 
1, 2004, through July 19, 2005". 

(d) Limitation on Obligations. — Section 2(e) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1146; 

23 use 104 note. 119 Stat. 324) is amended— 

(1) in paragraph (1) — 

(A) by striking "June 30" and inserting "July 19"; 

(B) by striking "and the Svirface Transportation Exten- 
sion Act of 2005" and inserting ", the Sixrface Transpor- 
tation Extension Act of 2005, and the Surface Transpor- 
tation Extension Act of 2005, Part 11"; and 

(C) by striking "^12" and inserting "80 percent"; and 

(2) in paragraph (2) — 

(A) by striking "June 30, 2005, shall not exceed 
$26,025,000,000" and inserting "July 19, 2005, shall not 
exceed $27,760,000,000"; and 



19 



PUBLIC LAW 109-20-JULY 1, 2005 119 STAT. 347 

(B) by striking "$479,250,000" and inserting 
"$511,200,000"; and 

(3) in paragraph (3) by striking "June 30" and inserting 
"July 19". 

SEC. 3. ADMINISTRATTVE EXPENSES. 

Section 4(a) of the Surface Transportation Extension Act of 
2004, Part V (118 Stat. 1147; 119 Stat. 325) is amended by striking 
"highway program" and all that follows through "2005" and 
inserting "highway program $281,619,200 for fiscal year 2005". 

SEC. 4. OTHER FEDERAL-AID HIGHWAY PROGRAMS. 

(a) Authorization of Appropriations Under Title I of TEA- 
21.— 

(1) Federal lands highways. — 

(A) Indian reservation roads. — Section 1101(a)(8XA) 
of the Transportation Equity Act for the 21st Century 
(112 Stat. 112; 118 Stat. 1147; 119 Stat. 325) is amended— 

(i) in the first sentence by striking "$206,250,000 
for the period of October 1, 2004, through June 30, 
2005" and inserting "$220,000,000 for the period of 
October 1, 2004, through July 19, 2005"; and 

(ii) in the second sentence by striking "$9,750,000" 
and inserting "$10,400,000". 

(B) PuBUC LANDS HIGHWAYS.— Section 1101(a)(8)(B) of 
such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325) 
is amended by striking "$184,500,000 for the period of 
October 1, 2004, through June 30, 2005" and inserting 
"$196,800,000 for the period of October 1, 2004, through 
July 19, 2005". 

(C) Park roads and parkways. — Section 1101(a)(8)(C) 
of such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325) 
is amended by striking "$123,750,000 for the period of 
October 1, 2004, through June 30, 2005" and inserting 
"$132,000,000 for the period of October 1, 2004, through 
July 19, 2005". 

(D) Refuge roads.— Section 1101(a)(8)(D) of such Act 
(112 Stat. 112; 118 Stat. 1148; 119 Stat. 326) is amended 
by striking "$15,000,000 for the period of October 1, 2004, 
through June 30, 2005" and inserting "$16,000,000 for the 
period of October 1, 2004, through July 19, 2005". 

(2) National corridor planning and development and 

COORDINATED BORDER INFRASTRUCTURE PROGRAMS. — Section 

1101(aX9) of such Act (112 Stat. 112; 118 Stat. 1148; 119 
Stat. 326) is amended by striking "$105,000,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$112,000,000 for the period of October 1, 2004, through July 
19, 2005". 

(3) Construction of ferry boats and ferry terminal 
faciuties. — 

(A) In general.— Section 1101(a)(10) of such Act (112 
Stat. 113; 118 Stat. 1148; 119 Stat. 326) is amended by 
striking "$28,500,000 for the period of October 1, 2004, 
through June 30, 2005" and inserting "$30,400,000 for the 
period of October 1, 2004, through July 19, 2005". 

(B) Set aside for Alaska, new jersey, and Wash- 
ington.— Section 5(a)(3)(B) of the Surface Transportation 



20 



119 STAT. 348 



PUBLIC LAW 109-20— JULY 1, 2005 



EfTective date. 



Extension Act of 2004, Part V (118 Stat. 1148; 119 Stat. 
326) is amended — 

(i) in clause (i) by striking "$7,500,000" and 
inserting "$8,000,000"; 

(ii) in clause (ii) by striking "$3,750,000" and 
inserting "$4,000,000"; and 

(iii) in clause (iii) by striking "$3,750,000" and 
inserting "$4,000,000". 

(4) National scenic byways program. — Section 
llOKaXll) of the Transportation Equity Act for the 21st Cen- 
tury (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326) is amended 
by striking "$19,875,000 for the period of October 1, 2004, 
through June 30, 2005" and inserting "$21,200,000 for the 
period of October 1, 2004, through July 19, 2005". 

(5) Value pricing pilot program. — Section 1101(aX12) 
of such Act (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326) 
is amended by striking "$8,250,000 for the period of October 
1, 2004, through June 30, 2005" and inserting "$8,800,000 
for the period of October 1, 2004, through July 19, 2005". 

(6) Highway use tax evasion projects. — Section 
1101(a)(14) of such Act (112 Stat. 113; 118 Stat. 1148; 119 
Stat. 326) is amended by striking "$3,750,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$4,000,000 for the period of October 1, 2004, through July 
19, 2005". 

(7) Commonwealth of Puerto rico highway program. — 

(A) Technical correction.— Effective May 31, 2005, 
section 4(a)(7) of the Surface Transportation Extension Act 
of 2005 (119 Stat. 326) is amended by striking 
"1101(a)(15)(A)" and inserting "1101(a)(15r. 

(B) Increased funding. — Section 1101(a)(15) of the 
Transportation Equity Act for the 21st Century (112 Stat. 
113; 118 Stat. 1149; 119 Stat. 326) is amended by striking 
"$82,500,000 for the period of October 1, 2004, through 
June 30, 2005" and inserting "$88,000,000 for the period 
of October 1, 2004, through July 19, 2005". 

(8) Safety grants.— Section 1212(i)(l)(D) of such Act (23 
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 118 Stat. 1149; 
119 Stat. 326) is amended by striking "$375,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$400,000 for the period of October 1, 2004, through July 19, 
2005". 

(9) Transportation and community and system 
preservation pilot program. — Section 1221(e)(1) of such Act 
(23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 1149; 119 Stat. 
327) is amended by striking "$18,750,000 for the period of 
October 1, 2004, through June 30, 2005" and inserting 
"$20,000,000 for the period of October 1, 2004, through July 
19, 2005". 

(10) Transportation infrastructure finance and 
innovation.— Section 188 of title 23, United States Code, is 
amended — 

(A) in subsection (a)(1) by striking subparagraph (G) 
and inserting the following: 

"(G) $104,000,000 for the period of October 1, 2004, 
through July 19, 2005."; 



21 



PUBLIC LAW 109-20--JULY 1, 2005 119 STAT. 349 

(B) in subsection (a)(2) by striking "$1,500,000 for the 
period of October 1, 2004, through June 30, 2005" and 
inserting "$1,600,000 for the period of October 1, 2004, 
through July 19, 2005"; and 

(C) in the item relating to fiscal year 2005 in the 
table contained in subsection (c) by striking 
"$1,950,000,000" and inserting "$2,080,000,000". 

(11) National scenic byways cleakinghouse. — Section 
1215(bX3) of the Transportation Equity Act for the 21st Century 
(112 Stat. 210; 118 Stat. 1149; 119 Stat. 327) is amended— 

(A) by striking "$1,125,000" and inserting "$1,200,000"; 
and 

(B) by striking "June 30" and inserting "July 19". 

(b) Authorization of Appropriations Under Title V of 
TEA-21.— 

(1) Surface transportation research. — Section 
5001(aXl) of the Trgmsportation Equity Act for the 21st Century 
(112 Stat. 419; 118 Stat. 1149; 119 Stat. 327) is amended 
by striking "$77,250,000 for the period of October 1, 2004, 
through June 30, 2005" and inserting "$82,400,000 for the 
period of October 1, 2004, through July 19, 2005". 

(2) Technology deployment program. — Section 
5001(aX2) of such Act (112 Stat. 419; 118 Stat. 1149; 119 
Stat. 327) is amended by striking "$37,500,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$40,000,000 for the period of October 1, 2004, through July 
19, 2005". 

(3) Training and education. — Section 5001(a)(3) of such 
Act (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327) is amended 
by striking "$15,000,000 for the period of October 1, 2004, 
through June 30, 2005" and inserting "$16,000,000 for the 
period of October 1, 2004, through July 19, 2005". 

(4) Bureau of transportation statistics. — Section 
5001(a)(4) of such Act (112 Stat. 420; 118 Stat. 1150; 119 
Stat. 327) is amended by striking "$23,250,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$24,800,000 for the period of October 1, 2004, through July 
19, 2005". 

(5) ITS standards, research, operational tests, and 
DEVELOPMENT. — Section 5001(aX5) of such Act (112 Stat. 420; 
118 Stat. 1150; 119 Stat. 327) is amended by striking 
"$82,500,000 for the period of October 1, 2004, through June 
30, 2005" and inserting "$88,000,000 for the period of October 
1, 2004, through July 19, 2005". 

(6) ITS DEPLOYMENT.— Section 5001(a)(6) of such Act (112 
Stat. 420; 118 Stat. 1150; 119 Stat. 327) is amended by striking 
"$91,500,000 for the period of October 1, 2004, through June 
30, 2005" and inserting "$97,600,000 for the period of October 
1, 2004, through July 19, 2005". 

(7) University transportation research. — Section 
5001(aX7) of such Act (112 Stat. 420; 118 Stat. 1150; 119 
Stat. 328) is amended by striking "$19,875,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$21,200,000 for the period of October 1, 2004, through July 
19, 2005". 

(c) Metropolitan Planning.— Section 5(cXl) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1150; 



22 



119 STAT. 350 PUBLIC LAW 109-20-^JULY 1, 2005 

119 Stat. 328) is amended by striking "$163,125,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$174,000,000 for the period of October 1, 2004, through July 19, 
2005". 

(d) Territories. — Section 1101(d)(1) of the Transportation 
Equity Act for the 21st Century (112 Stat. Ill; 118 Stat. 1150; 
119 Stat. 328) is amended by striking "$27,300,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$29,120,000 for the period of October 1, 2004, through July 19, 
2005". 

(e) Alaska Highway. — Section 1101(e)(1) of such Act (118 Stat. 
1150; 119 Stat. 328) is amended by striking "$14,100,000 for the 
period of October 1, 2004, through June 30, 2005" and inserting 
"$15,040,000 for the period of October 1, 2004, through July 19, 
2005". 

(f) Operation Lifesaver. — Section llOKfKl) of such Act (118 
Stat. 1151; 119 Stat. 328) is amended by striking "$375,000 for 
the period of October 1, 2004, through June 30, 2005" and inserting 
"$400,000 for the period of October 1, 2004, through July 19, 2005". 

(g) Bridge Discretionary. — Section 1101(g)(1) of such Act (118 
Stat. 1151; 119 Stat. 328) is amended— 

(1) by striking "$75,000,000" and inserting "$80,000,000"; 
and 

(2) by striking "June 30" and inserting "July 19". 

(h) Interstate Maintenance.— Section 1101(h)(1) of such Act 
(118 Stat. 1151; 119 Stat. 328) is amended— 

(1) by striking "$75,000,000" and inserting "$80,000,000"; 
and 

(2) by striking "June 30" and inserting "July 19". 

(i) Recreational Trails Administrative Costs. — Section 
1101(i)(l) of such Act (118 Stat. 1151; 119 Stat. 328) is amended 
by striking "$562,500 for the period of October 1, 2004, through 
June 30, 2005" and inserting "$600,000 for the period of October 
1, 2004, through July 19, 2005". 

(j) Railway-Highway Crossing Hazard Elimination in High 
Speed Rail Corridors. — Section 1101(j)(l) of such Act (118 Stat. 
1151; 119 Stat. 328) is amended— 

(1) by striking "$3,937,500" and inserting "$4,200,000"; 

(2) by striking "$187,500" and inserting "$200,000"; and 

(3) by striking "June 30" each place it appears and inserting 
"July 19". 

(k) Nondiscrimination.— Section llOl(k) of such Act (118 Stat. 
1151; 119 Stat. 328) is amended— 

(1) in paragraph (1) by striking "$7,500,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$8,000,000 for the period of October 1, 2004, through July 
19, 2005"; and 

(2) in paragraph (2) by striking "$7,500,000 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$8,000,000 for the period of October 1, 2004, through July 
19. 2005". 

(1) Administration of Funds. — Section 5(1) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1151; 
119 Stat. 329) is amended— 

(1) by striking "and section 4 of the Surface Transportation 

Extension Act of 2005" and inserting ", section 4 of the Surface 



23 



PUBLIC LAW 109-20-JULY 1, 2005 119 STAT. 351 

Transportation Extension Act of 2005, and section 4 of the 
Siuface Transportation Extension Act of 2005, Part II"; and 
(2) by striking "the amendment made by subsection (a)(1) 
of this section or the amendment made by section 4(aXl) of 
such Act" and inserting "the amendments made by subsection 
(a) of this section, section 4(a) of the Surface Transportation 
Extension Act of 2005, and section 4(a) of the Surface Transpor- 
tation Extension Act of 2005, Part IT'. 

(m) Reduction of Allocated Programs. — Section 5(m) of 
such Act (118 Stat. 1151; 119 Stat. 329) is amended— 

(1) by striking "and section 4 of the Surface Transportation 
Extension Act of 2005" and inserting ", section 4 of the Surface 
Transportation Extension Act of 2005, and section 4 of the 
Surface Transportation Extension Act of 2005, Part II"; 

(2) by striking "and by section 4 of such Act" the first 
place it appears and inserting ", section 4 of the Surface 
TVansportation Extension Act of 2005, and section 4 of the 
Surface Transportation Extension Act, Part II"; and 

(3) by striking "and by section 4 of such Act" the second 
place it appears and inserting ", section 4 of the Surface 
Transportation Extension Act of 2005, and section 4 of the 
Surface Transportation Extension Act, Part 11". 

(n) Program Category Reconciliation. — Section 5(n) of such 
Act (118 Stat. 1151; 119 Stat. 329) is amended by striking "and 
section 4 of the Surface Transportation Extension Act of 2005" 
and inserting ", section 4 of the Surface Transportation Extension 
Act of 2005, and section 4 of the Surface Transportation Extension 
Act, Part n". 

SEC. 5. EXTENSION OF HIGHWAY SAFETY PROGRAMS. 

(a) Chapter 1 Highway Safety Programs.— 

(1) Seat belt safety incentive grants. — Section 157(g)(1) 
of title 23, United States Code, is amended by striking 
"$84,000,000 for the period of October 1, 2004, through June 
30, 2005" and inserting "$89,600,000 for the period of October 
1. 2004, through July 19, 2005". 

(2) I*REVENTION OF INTOXICATED DRIVER INCENTIVE 

GRANTS. — Section 163(e)(1) of such title is eunended by striking 
"$82,500,000 for the period of October 1, 2004, through June 
30, 2005" and inserting "$88,000,000 for the period of October 
1, 2004, through July 19, 2005". 

(b) CHAPTER 4 Highway Safety Programs. — Section 2009(a)(1) 
of the Transportation Equity Act for the 21st Century (112 Stat. 
337; 118 Stat. 1152; 119 Stat. 329) is amended by striking 
"$123,750,000 for the period of October 1, 2004, through June 
30, 2005" and inserting "$132,000,000 for the period of October 
1, 2004, through July 19, 2005". 

(c) Highway Safety Research and Development.— Section 
2009(aX2) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat. 
329) is amended by striking "$54,000,000 for the period of October 
1, 2004, through June 30, 2005" and inserting "$57,600,000 for 
the period of October 1, 2004, through July 19, 2005". 

(d) Occupant Protection Incentive Grants.— Section 
2009(a)(3) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat. 
329) is amended by striking "$15,000,000 for the period of October 
1, 2004, through June 30, 2005" and inserting "$16,000,000 for 
the period of October 1, 2004, through July 19, 2005". 



24 



119 STAT. 352 PUBLIC LAW 10^20— JULY 1, 2005 

(e) Alcohol-Impaired Driving Countermeasxires INCE^mvE 
Grants.— Section 2009(a)(4) of such Act (112 Stat. 337; 118 Stat. 
1153; 119 Stat. 329) is amended by striking "$30,000,000 for the 
period of October 1, 2004, through June 30, 2005" and inserting 
^^$32,000,000 for the period of October 1, 2004, through July 19, 
2005". 

(f) National Driver Register.— 

(1) Funding.— Section 2009(a)(6) of such Act (112 Stat. 
338; 118 Stat. 1153; 119 Stat. 330) is amended by striking 
"$2,700,000 for the period of October 1, 2004, through June 
30, 2005" and inserting "$2,880,000 for the period of October 
1, 2004, through July 19, 2005". 

(2) Contract authority. — Funds made available by the 
amendments made by paragraph (1) and by section 5(f) of 
the Siuface Transportation Extension Act of 2005 (119 Stat. 
330) shall be available for obligation in the same manner as 
if such funds were apportioned under chapter 1 of title 23, 
United States Code. 

SEC. 6. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PRO- 
GRAM. 

(a) Administrative Expenses. — Section 7(aXl) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1153; 
119 Stat. 330) is amended by striking "$192,631,044 for the period 
of October 1, 2004, through June 30, 2005" and inserting 
"$206,037,600 for the period of October 1, 2004, through July 19, 
2005". 

(b) Motor Carrier Safety Assistance Program. — Section 
31104(a)(8) of title 49, United States Code, is amended to read 
as follows: 

"(8) Not more than $135,200,000 for the period of October 
1, 2004, through July 19, 2005.". 

(c) Information Systems and Commercial Driver's License 
Grants. — 

(1) Authorization of appropriation. — Section 31107(a) 
of such title is amended by striking "(5) $14,958,904 for the 
period of October 1, 2004, through June 30, 2005." and inserting 
the following: 

"(6) $16,000,000 for the period of October 1, 2004, through 
July 19, 2005.". 

(2) Emergency cdl grants.— Section 7(c)(2) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1153; 
119 Stat. 330) is amended— 

(A) by striking "June 30" and inserting "July 19"; and 

(B) by striking "$747,945" and inserting "$800,000". 

(d) Crash Causation Study.— Section 7(d) of such Act (118 
Stat. 1154; 119 Stat. 330) is amended— 

(1) by striking "$747,945" and inserting "$800,000"; and 

(2) by striking "June 30" and inserting "July 19". 

SEC. 7. EXTENSION OF FEDERAL TRANSIT PROGRAMS. 

(a) Allocating Amounts.— Section 5309(m) of title 49, United 
States Code, is amended — 

(1) in the matter preceding subparagraph (A) of paragraph 
(1) by striking "June 30, 2005" and inserting "July 19, 2005"; 

(2) in paragraph (2)(B)(iii)— 

(A) in the heading by striking "JUNE 30, 2005" and 
inserting "JULY 19, 2005"; 



25 



PUBLIC LAW 109-20— JULY 1, 2005 119 STAT. 353 

(B) by striking "$7,800,000" and inserting "$8,320,000"; 
and 

(C) by striking "June 30, 2005" and inseri;ing "July 
19, 2005"; 

(3) in paragraph (3)(B>— 

(A) by striking "$2,250,000" and inserting "$2,400,000"; 
and 

(B) by striking "June 30, 2005" and inserting "July 
19, 2005"; and 

(4) in paragraph (3)(C) — 

(A) by striking "$37,500,000" and inserting 
"$40,000,000"; and 

(B) by striking "June 30, 2005" and inserting "July 
19, 2005". 

(b) Formula Grants Authorizations. — Section 5338(a) of title 
49, United States Code, is amended — 

(1) in the heading to paragraph (2) by striking "JUNE 30, 
2005" and inserting "JULY 19, 2005"; 

(2) in paragraph (2XA)(vii) — 

(A) by striking "$2,545,785,000" and inserting 
"$2,675,300,000"; and 

(B) by striking "June 30, 2005" and inserting "July 
19 2005"* 

(3)' in paragraph (2)(BXvii) by striking "June 30, 2005" 
and inserting "July 19, 2005"; and 

(4) in paragraph (2)(C) by striking "June 30, 2005" and 
inserting "July 19, 2005". 

(c) Formula Grant Funds. — Section 8(d) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1155; 
119 Stat. 331) is amended— 

(1) in the heading by striking "JUNE 30, 2005" and inserting 
"July 19, 2005"; 

(2) in the matter preceding peiragraph (1) by striking "June 
30, 2005" and inserting "July 19, 2005"; 

(3) in paragraph (1) by striking "$3,637,462" and inserting 
"$3,879,960"; 

(4) in paragraph (2) by striking "$37,500,000" and inserting 
"$40,000,000"; 

(5) in paragraph (3) by striking "$73,197,001" and inserting 
"$76,231,201"; 

(6) in paragraph (4) by striking "$194,277,040" and 
inserting "$202,330,313"; 

(7) in paragraph (5) by striking "$5,212,500" and inserting 
"$5,560,000"; and 

(8) in paragraph (6) by striking "$2,782,400,997" and 
inserting "$2,897,738,526". 

(d) Capital Program Authorizations. — Section 5338(b)(2) of 
title 49, United States Code, is amended — 

(1) in the heading by striking "JUNE 30, 2005" and inserting 

"JULY 19, 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$2,012,985,000" and inserting 
"$2,235,820,000"; and 

(B) by striking "June 30, 2005" and inserting "July 
19, 2005"; and 

(3) in subparagraph (B)(vii) by striking "June 30, 2005" 
and inserting "J\ily 19, 2005". 



26 



119 STAT. 354 PUBLIC LAW 109-20-^JULY 1, 2005 

(e) Planning Authorizations and Allocations.— Section 
5338(c)(2) of title 49, United States Code, is amended— 

(1) in the heading by striking "JUNE 30, 2005" and inserting 

"JULY 19, 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$48,346,668" and inserting 
"$47,946,667"; and 

(B) by striking "June 30, 2005" and inserting "July 
19, 2005"; and 

(3) in subparagraph (BXvii) by striking "June 30, 2005" 
and inserting "July 19, 2005". 

(f) Research Authorizations. — Section 5338(d)(2) of title 49, 
United States Code, is amended — 

(1) in the heading by striking "JUNE 30, 2005" and inserting 

"JULY 19, 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$32,683,333" and inserting 
"$36,933,334"; and 

(B) by striking "June 30, 2005" and inserting "Jixly 
19, 2005"; 

(3) in subparagraph (B)(vii) by striking "June 30, 2005" 
and inserting "July 19, 2005"; and 

(4) in subparagraph (C) by striking "June 30, 2005" and 
inserting "July 19, 2005". 

(g) Allocation of Research Funds. — Section 8(h) of the Sur- 
face Transportation Extension Act of 2004, Part V (118 Stat. 1156; 
119 Stat. 332) is amended— 

(1) in the heading by striking "JUNE 30, 2005" and inserting 
"July 19, 2005"; 

(2) in the matter preceding paragraph (1) by striking "June 
30, 2005" and inserting "July 19, 2005"; 

(3) in paragraph (1) by striking "$3,937,500" and inserting 
"$4,200,000"; 

(4) in paragraph (2) by striking "$6,187,500" and inserting 
"$6,600,000"; and 

(5) in paragraph (3) — 

(A) by striking "$3,000,000" and inserting "$3,200,000"; 
and 

(B) by striking "$750,000" and inserting "$800,000". 
(h) University Transportation Research Authorizations. — 

Section 5338(e)(2) of title 49, United States Code, is amended — 

(1) in the heading by striking "JUNE 30, 2005" and inserting 
"JULY 19, 2005"; 

(2) in subparagraph (A) — 

(A) by striking "$3,700,000" and inserting "$4,000,000"; 
and 

(B) by striking "Jvme 30, 2005" and inserting "July 
19, 2005"; 

(3) in subparagraph (B) by striking "June 30, 2005" and 
inserting "July 19, 2005"; and 

(4) in subparagraphs (C)(i) and (C)(iii) by striking "June 
30, 2005" and inserting "July 19, 2005". 

(i) Allocation of University Transportation Research 
Funds.— 

(1) In general. — Section 8(j) of the Surface Transportation 
Extension Act of 2004, Part V (118 Stat. 1157; 119 Stat. 332) 
is amended — 



27 



PUBLIC LAW 109-20-^JULY 1, 2005 119 STAT. 355 

(A) in the matter preceding subparagraph (A) of para- 
graph (1) by striking "June 30, 2005" and inserting "July 
19 2005"' 

(B) in paragraph (1)(A) by striking "$1,500,000" and 
inserting "$1,600,000"; 

(C) in paragraph (1)(B) by striking "$1,500,000" and 
inserting "$1,600,000"; and 

(D) in paragraph (2) by striking "June 30, 2005" and 
inserting "July 19, 2005". 

(2) Conforming amendment. — Section 3015(d)(2) of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 
5338 note; 112 Stat. 857; 118 Stat. 1157; 119 Stat. 332) is 
amended by striking "June 30, 2005" and inserting "July 19, 
2005". 

(j) Administration Authorizations. — Section 5338(f)(2) of title 
49, United States Code, is amended — 

(1) in the heading by striking "JUNE 30, 2005" and inserting 

"JULY 19, 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$48,100,000" and inserting 
"$52,000,000"; and 

(B) by striking "Jtme 30, 2005" and inserting "July 
19, 2005"; and 

(3) in subparagraph (B)(vii) by striking "June 30, 2005" 
and inserting "July 19, 2005". 

(k) Job Access and Reverse Commute Program. — Section 
3037(1) of the Transportation Equity Act for the 21st Century (49 
U.S.C. 5309 note; 112 Stat. 391; 118 Stat. 1157; 119 Stat. 333) 
is amended — 

(1) in paragraph (l)(A)(vii) — 

(A) by striking "$92,500,000" and inserting 
"$80,000,000"; and 

(B) by striking "June 30, 2005" and inserting "July 
19 2005"' 

(2)' in paragraph (lXB)(vii) by striking "June 30, 2005" 
and inserting "July 19, 2005"; and 

(3) in paragraph (2) by striking "June 30, 2005, not more 
than $7,500,000" and inserting "July 19, 2005, not more than 
$8,000,000". 

(1) Rural Transportation Accessibility Incentive Pro- 
gram. — Section 3038(g) of the Transportation Equity Act for the 
21st Century (49 U.S.C. 5310 note; 112 Stat. 393; 118 Stat. 1158; 
119 Stat. 333) is amended— 

(1) by striking paragraph (IXG) and inserting after para- 
graph (IXF) the folloAving: 

"(G) $4,200,000 for the period of October 1, 2004, 
through July 19, 2005."; and 

(2) in paragraph (2)— 

(A) by striking "$1,275,000" and inserting "$1,360,000"; 
and 

(B) by striking "June 30, 2005" and inserting "July 
19, 2005". 

(m) Urbanized Area Formula Grants. — Section 5307(bX2) 
of title 49, United States Code, is amended — 

(1) in the heading by striking "JUNE 30, 2005" and inserting 
"JULY 19, 2005"; and 



28 



119 STAT. 356 PUBLIC LAW 109-20— JULY 1, 2005 

(2) in subparagraph (A) by striking "June 30, 2005" and 

inserting "July 19, 2005". 

(n) Obligation Ceilestg. — Section 3040(7) of the Transportation 
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 1158; 
119 Stat. 333) is amended— 

(1) by striking "$5,818,500,000" and inserting 
"$6,166,400,000"; and 

(2) by striking "June 30, 2005" and inserting "July 19, 
2005". 

(o) Fuel Cell Bus and Bus Facilities Program. — Section 
3015(b) of the Transportation Equity Act for the 21st Century 
(112 Stat. 361; 118 Stat. 1158; 119 Stat. 333) is amended— 

(1) by striking "June 30, 2005" and inserting "July 19, 
2005"; and 

(2) by striking "$3,637,500" and inserting "$3,880,000". 

(p) Advanced Technology Pilot Project. — Section 3015(c)(2) 

23 use 322 note, of the Trzinsportation Equity Act for the 21st Century (49 U.S.C. 

322 note; 112 Stat. 361; 118 Stat. 1158; 119 Stat. 334) is amended— 

(1) by striking "June 30, 2005," and inserting "July 19, 
2005"; and 

(2) by striking "$3,750,000" and inserting "$4,000,000". 

(q) Projects for New Fixed Guideway Systems and Exten- 
sions TO Existing Systems. — Subsections (a), (b), and (c)(1) of 
section 3030 of the Transportation Equity Act for the 21st Century 
(112 Stat. 373; 118 Stat. 1158; 119 Stat. 334) are amended by 
striking "June 30, 2005" and inserting "July 19, 2005". 

(r) New Jersey Urban Core Project. — Subparagraphs (A), 
(B), and (C) of section 3031(a)(3) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2122; 118 Stat. 
1158; 119 Stat. 334) are amended by striking "Jxme 30, 2005" 
and inserting "July 19, 2005". 

(s) Local Share.— Section 3011(a) of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5307 note; 118 Stat. 1158; 
119 Stat. 334) is amended by striking "June 30, 2005" and inserting 
"July 19, 2005". 

SEC. 8. SPORT FISHING AND BOATING SAFETY. 

(a) Funding for National Outreach and Communications 
Program. — Section 4(c) of the Dingell-Johnson Sport Fish Restora- 
tion Act (16 U.S.C. 777c(c)) is amended by striking "(6) $7,499,997 
for the period of October 1, 2004, through June 30, 2005;" and 
inserting the following: 

"(7) $8,000,000 for the period of October 1, 2004, through 
July 19, 2005;". 

(b) Clean Vessel Act Funding. — Section 4(b)(4) of such Act 
(16 U.S.C. 777c(b)(4)) is amended to read as follows: 

"(4) First 292 days of fiscal year 2005.— For the period 
of October 1, 2004, through July 19, 2005, of the balance 
of each annued appropriation remaining after making the dis- 
tribution under subsection (a), an amount equal to $65,600,000, 
reduced by 82 percent of the amount appropriated for that 
fiscal year from the Boat Safety Account of the Aquatic 
Resources Trust Fund established by section 9504 of the 
Internal Revenue Code of 1986 to carry out the purposes of 
section 13106(a) of title 46, United States Code, shall be used 
as follows: 



29 



PUBLIC LAW 109-20— JULY 1, 2005 119 STAT. 357 

"(A) $8,000,000 shall be available to the Secretary of 
the iBterior for 3 fiscal years for obligation for qualified 
projects under section 5604(c) of the Clean Vessel Act of 
1992 (33 U.S.C. 1322 note). 

"(B) $6,400,000 shall be available to the Secretary of 
the Interior for 3 fiscal years for obligation for quahfied 
projects under section 7404(d) of the Sportfishing and 
Boating Safety Act of 1998 (16 U.S.C. 777g-l(d)). 

"(C) The balance remaining after the application of 
subparagraphs (A) and (B) shall be transferred to the Sec- 
retary of Transportation and shall be expended for State 
recreational boating safety programs under section 13106 
of title 46, United States Code.", 
(c) Boat Safety Funds.— Section 13106(c) of title 46, United 
States Code, is amended — 

(1) by striking "$3,750,003" and inserting "$4,000,000"; and 

(2) by striking "$1,500,003" and inserting "$1,600,000". 

SEC. 9. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS 
FOR OBLIGATIONS UNDER TEA-21. 

(a) Highway Trust Fund. — 

(1) In general. — ^Paragraph (1) of section 9503(c) of the 

Internal Revenue Code of 1986 is amended — 26 USC 9503. 

(A) in the matter before subparagraph (A), by striking 
"July 1, 2005" and inserting "July 20, 2005", 

(B) by striking "or" at the end of subparagraph (K), 

(C) by striking the period at the end of subparagraph 
(L) and inserting ", or", 

(D) by inserting after subparagraph (L) the following 
new subparagraph: 

"(M) authorized to be paid out of the Highway Trust 
Fund under the Surface Transportation Extension Act of 
2005, Part II.", and 

(E) in the matter after subparagraph (M), as added 
by this paragraph, by striking "Surface Transportation 
EJxtension Act oi 2005" and inserting "Surface TVanspor- 
tation Extension Act of 2005, Part IF'. 

(2) Mass transit account. — Paragraph (3) of section 
9503(e) of such Code is amended — 

(A) in the matter before subparagraph (A), by striking 
"July 1, 2005" and inserting "July 20, 2005", 

(B) in subparagraph (I), by striking "or" at the end 
of such subparagraph, 

(C) in subparagraph (J), by inserting "or" at the end 
of such subparagraph, 

(D) by inserting after subparagraph (J) the following 
new subparagraph: 

"(K) the Surface Transportation Extension Act of 2005, 
Part II,", and 

(E) in the matter after subparagraph (K), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2005" and inserting "Surface Transpor- 
tation Extension Act of 2005, Part 11". 

(3) Exception to limitation on transfers. — Subpara- 
graph (B) of section 9503(b)(6) of such Code is amended by 
striking "July 1, 2005" and inserting "July 20, 2005". 

(b) Aquatic Resources Trust Fund.— 



30 



119 STAT. 358 PUBLIC LAW 109-20-^JULY 1, 2005 

(1) Sport fish restoration account.— Paragraph (2) of 
26 use 9504. section 9504(b) of the Internal Revenue Code of 1986 is 

amended by striking "Surface Transportation Extension Act 
of 2005" each place it appears and inserting "Surface Transpor- 
tation Extension Act of 2005, Part IF. 

(2) Boat safety account. — Subsection (c) of section 9504 
of such Code is amended — 

(A) by striking "July 1, 2005" and inserting "July 20, 
2005", and 

(B) by striking "Surface Transportation Extension Act 
of 2005" and inserting "Surface Transportation Extension 
Actof2005,Partir. 

(3) Exception to limitation on transfers.— Paragraph 
(2) of section 9504(d) of such Code is amended by striking 
"July 1, 2005" and inserting "July 20, 2005". 

26 use 9503 (c) EFFECTIVE DATE. — The amendments made by this section 

note. shall take effect on the date of the enactment of this Act. 

(d) Temporary Rule Regarding Adjustments. — During the 
period beginning on the date of the enactment of the Surface 
Transportation Extension Act of 2003 and ending on Jvdy 19, 2005, 
for purposes of making any estimate ixnder section 9503(d) of the 
Interned Revenue Code of 1986 of receipts of the Highway Trust 
Fund, the Secretary of the Treasury shall treat — 

(1) each expiring provision of paragraphs (1) through (4) 
of section 9503(b) of such Code which is related to appropria- 
tions or transfers to such Fund to have been extended through 
the end of the 24-month period referred to in section 
9503(d)(1)(B) of such Code, and 

(2) with respect to each tax imposed under the sections 
referred to in section 9503(b)(1) of such Code, the rate of such 
tax during the 24-month period referred to in section 
9503(d)(1)(B) of such Code to be the same as the rate of such 
tax as in effect on the date of the enactment of the Surface 
Transportation Extension Act of 2003. 

Approved July 1, 2005. 



LEGISLATIVE fflSTORY— H.R. 3104: 

CONGRESSIONAL RECORD. VoL 151 (2005): 

June 30, considered and passed House and Senate. 



o 



31 



PUBLIC LAW 109-35— JULY 20. 2005 119 STAT. 379 



Public Law 109-35 
109th Congress 

An Act 

To provide an extension of highway, highway safety, motor carrier safety, transit, . . __ „-_c 
and other programs funded out of the Highway Trust Fund pending enactment ^uy , 



of a law reauthorizing the Transportation Equity Act for the 21st Century. (H.R. 3332] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Surface 

Transportation 
SECTION 1. SHORT TITLE. Extension Act of 

This Act may be cited as the "Surface Transportation Extension 23 USC 101 note 
Act of 2005, Part III". 

SEC. 2. ADVANCES. 

(a) IN GENERAL. — Section 2(a)(1) of the Surface Transportation 
Extension Act of 2004, Part V (23 U.S.C. 104 note; 118 Stat. 
1144; 119 Stat. 324; 119 Stat. 346) is amended by striking "and 
the Surface Transportation Extension Act of 2005, Part II" and 
inserting ", the Surface Transportation Extension Act of 2005, Part 
II, and the Surface Tremsportation Extension Act of 2005, Part 

m". 

(b) PROGRAMMATIC DISTRIBUTIONS.— 

(1) SPECIAL RULES FOR MINIMUM GUARANTEE.— Section 
2(b)(4) of such Act (119 Stat. 324; 119 Stat. 346) is amended 
by striking "$2,240,000,000" and inserting "$2,268,000,000". 

(2) EXTENSION OF OFF-SYSTEM BRIDGE SETASIDE.— Section 
144(g)(3) of title 23. United States Code, is amended by striking 
"July 19" inserting "July 21". 

(c) AUTHORIZATION OF CONTRACT AUTHORITY.— Section 
1101(0(1) of the Transportation Equity Act for the 21st Century 
(118 Stat. 1145; 119 Stat. 324; 119 Stat. 346) is amended by 
striking "$27,223,123,200 for the period of October 1. 2004. through 
July 19. 2005" and inserting "$27,563,412,240 for the period of 
October 1, 2004, through July 21, 2005". 

(d) LIMflATION ON OBLIGATIONS.— Section 2(e) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1146; 

1 19 Stat. 324; 119 Stat. 346) is amended— 23 USC 104 note. 

(1) in paragraph (1) — 

(A) by striking "July 19" and inserting "July 21"; 

(B) by striking "and the Surface Transportation Exten- 
sion Act of 2005, Part 11" and inserting ", the Surface 
Transportation Extension Act of 2005, Part II, and the 
Surface Transportation Extension Act of 2005, Part III"; 
and 

(C) by striking "80 percent" and inserting "80.8 per- 
cent"; and 

(2) in paragraph (2) — 



32 



119 STAT. 380 PUBLIC LAW 109-35— JULY 20, 2005 

(A) by striking "July 19, 2005, shall not exceed 
$27,760,000,000" and inserting "July 21, 2005, shall not 
exceed $28,107,000,000"; and 

(B) by striking "$511,200,000" and inserting 
"$517,590,000"; and 

(3) in paragraph (3) by striking "July 19" and inserting 
"July 21". 

SEC. 3. ADMINISTRATIVE EXPENSES. 

Section 4(a) of the Surface Transportation Extension Act of 
2004. Part V (118 Stat. 1147; 119 Stat. 325; 119 Stat. 346) is 
amended by striking "$281,619,200" and inserting "$285,139,440". 

SEC. 4. OTHER FEDERAL-AID HIGHWAY PROGRAMS. 

(a) AUTHORIZATION OF APPROPRIATIONS UNDER TITLE I OF TEA- 
21.— 

(1) FEDERAL LANDS HIGHWAYS.— 

(A) INDIAN RESERVATION ROADS.— Section 1101(a)(8)(A) 
of the Transportation Equity Act for the 21st Century 
(112 Stat. 112; 118 Stat. 1147; 119 Stat. 325; 119 Stat. 
346) is amended — 

(i) in the first sentence by striking "$220,000,000 
for the period of October 1, 2004, through July 19. 
2005" and inserting "$222,750,000 for the period of 
October 1. 2004. through July 21. 2005"; and 

(ii) in the second sentence by striking 
"$10,400,000" and inserting "$10,530,000". 

(B) PUBLIC LANDS HIGHWAYS.— Section 1101(a)(8)(B) of 
such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325; 
119 Stat. 346) is amended by striking "$196,800,000 for 
the period of October 1, 2004. through July 19. 2005" 
and inserting "$199,260,000 for the period of October 1, 
2004, through July 21. 2005". 

(C) PARK ROADS AND PARKWAYS.— Section 1101(a)(8)(C) 
of such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325; 
119 Stat. 346) is amended by striking "$132,000,000 for 
the period of October 1. 2004, through July 19. 2005" 
and inserting "$133,650,000 for the period of October 1, 
2004, through July 21, 2005". 

(D) REFUGE ROADS.— Section 1101(a)(8)(D) of such Act 
(112 Stat. 112; 118 Stat. 1148; 119 Stat. 326; 119 Stat. 
346) is amended by striking "$16,000,000 for the period 
of October 1. 2004. through July 19. 2005" and inserting 
"$16,200,000 for the period of October 1, 2004, through 
July 21. 2005". 

(2) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND 
COORDINATED BORDER INFRASTRUCTURE PROGRAMS.— Section 
1101(a)(9) of such Act (112 Stat. 112; 118 Stat. 1148; 119 
Stat. 326; 119 Stat. 346) is amended by striking "$112,000,000 
for the period of October 1. 2004. through July 19, 2005" 
and inserting "$113,400,000 for the period of October 1. 2004, 
through July 21. 2005". 

(3) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
FACILITIES. 

(A) IN GENERAL.— Section 1101 (a) (10) of such Act (112 
Stat. 113; 118 Stat. 1148; 119 Stat. 326; 119 Stat. 346) 
is amended by striking "$30,400,000 for the period of 
October 1, 2004. through July 19, 2005" and inserting 



3i3: 



PUBLIC LAW 109-35— JULY 20. 2005 119 STAT. 381 

"$30,780,000 for the period of October 1, 2004. through 
July 21, 2005". 

(B) SET ASIDE FOR ALASKA, NEW JERSEY, AND WASH- 
INGTON.— Section 5(a)(3)(B) of the Surface Transportation 
Extension Act of 2004, Part V (118 Stat. 1148; 119 Stat. 
326; 119 Stat. 346) is amended— 

(i) in clause (i) by striking "$8,000,000" and 
inserting "$8,100,000"; 

(ii) in clause (ii) by striking "$4,000,000" and 
inserting "$4,050,000"; and 

(iii) in clause (iii) by striking "$4,000,000" and 
inserting "$4,050,000". 

(4) NATIONAL SCENIC BYWAYS PROGRAM.— Section 
1101(a)(ll) of the Transportation Equity Act for the 21st Cen- 
tury (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326; 119 Stat. 
346) is amended by striking "$21,200,000 for the period of 
October 1, 2004. through July 19. 2005" and inserting 
"$21,465,000 for the period of October 1, 2004, through July 
21. 2005". 

(5) VALUE PRICING PILOT PROGRAM.— Section 1101 (a) (12) 
of such Act (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326; 
1 19 Stat. 346) is amended by striking "$8,800,000 for the period 
of October 1. 2004. through July 19, 2005" and inserting 
"$8,910,000 for the period of October 1. 2004, through July 
21.2005". 

(6) HIGHWAY USE TAX EVASION PROJECTS.— Section 
1101(a)(14) of such Act (112 Stat. 113; 118 Stat. 1148; 119 
Stat. 326; 119 Stat. 346) is amended by striking "$4,000,000 
for the period of October 1. 2004. through July 19. 2005" 
and inserting "$4,050,000 for the period of October 1. 2004. 
through July 21. 2005". 

(7) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.— 
Section 1101 (a) (15) of the Transportation Equity Act for the 
21st Century (112 Stat. 113; 118 Stat. 1149; 119 Stat. 326; 
119 Stat. 346) is amended by striking "$88,000,000 for the 
period of October 1. 2004. through July 19. 2005" and inserting 

$89,100,000 for the period of October 1. 2004. through July 
21.2005". 

(8) SAFETY GRANTS.— Section 1212(i)(l)(D) of such Act (23 
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 118 Stat. 1149; 
119 Stat. 326; 119 Stat. 346) is amended by striking "$400,000 
for the period of October 1, 2004, through July 19. 2005" 
and inserting "$405,000 for the period of October 1. 2004, 
through July 21, 2005". 

(9) TRANSPORTATION AND COMMUNITY AND SYSTEM 
PRESERVATION PILOT PROGRAM.— Section 1221(e)(1) of such Act 
(23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 1149; 119 Stat. 
327; 119 Stat. 346) is amended by striking "$20,000,000 for 
the period of October 1, 2004, through July 19. 2005" and 
inserting "$20,250,000 for the period of October 1, 2004, through 
July 21, 2005". 

(10) TRANSPORTATION INFRASTRUCTURE FINANCE AND 
INNOVATION.— Section 188 of title 23. United States Code, is 
amended — 

(A) in subsection (a)(1) by striking subparagraph (G) 
and inserting the following: 



34 



119 STAT. 382 PUBLIC LAW 109-35— JULY 20, 2005 

"(G) $105,300,000 for the period of October 1. 2004, 
through July 21,2005."; 

(B) in subsection (a)(2) by striking "$1,600,000 for the 
period of October 1. 2004, through July 19, 2005" and 
inserting "$1,620,000 for the period of October 1. 2004, 
through July 21. 2005 '; and 

(C) in the item relating to fiscal year 2005 in table 
contained in subsection (c) by striking "$2,080,000,000" 
and inserting "$2,106,000.000 ". 

(11) NATIONAL SCENIC BYWAYS CLEARINGHOUSE.— Section 
1215(b)(3) of the Transportation Equity Act for the 21st Century 
(112 Stat. 210; 118 Stat. 1149; 119 Stat. 327; 119 Stat. 346) 
is amended — 

(A) by striking "$1,200,000" and inserting "$1,215,000"; 
and 

(B) by striking "July 19" and inserting "July 21". 

(b) AUTHORIZATION OF APPROPRIATIONS UNDER TITLE V OF 
TEA-21.— 

(1) SURFACE TRANSPORTATION RESEARCH.— SecUon 
5001(a)(1) of the Transportation Equity Act for the 21st Century 
(112 Stat. 419; 118 Stat. 1149; 119 Stat. 327; 119 Stat. 346) 
is amended by striking "$82,400,000 for the period of October 
1, 2004, through July 19, 2005" and inserting "$83,430,000 
for the period of October 1, 2004, through July 21, 2005". 

(2) TECHNOLOGY DEPLOYMENT PROGRAM.— Section 
5001(a)(2) of such Act (112 Stat. 419; 118 Stat. 1149; 119 
Stat. 327; 119 Stat. 346) is amended by striking "$40,000,000 
for the period of October 1, 2004, through July 19, 2005" 
and inserting "$40,500,000 for the period of October 1, 2004, 
through July 21. 2005". 

(3) TRAINING AND EDUCATION.— Section 5001(a)(3) of such 
Act (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat. 
346) is amended by striking '$16,000,000 for the period of 
October 1. 2004, through July 19, 2005" and inserting 
"$16,200,000 for the period of October 1, 2004, through July 
21. 2005". 

(4) BUREAU OF TRANSPORTATION STATISTICS.— Section 
5001(a)(4) of such Act (112 Stat. 420; 118 Stat. 1150; 119 
Stat. 327; 119 Stat. 346) is amended by striking "$24,800,000 
for the period of October 1, 2004, through July 19, 2005" 
and inserting "$25,110,000 for the period of October 1, 2004, 
through July 21, 2005". 

(5) ITS STANDARDS. RESEARCH. OPERATIONAL TESTS. AND 
DEVELOPMENT.— Section 5001(a)(5) of such Act (112 Stat. 420; 
118 Stat. 1150; 119 Stat. 327; 119 Stat. 346) is amended by 
striking '$88,000,000 for the period of October 1, 2004, through 
July 19. 2005" and inserting "$89,100,000 for the period of 
October 1. 2004. through July 21, 2005". 

(6) ITS DEPLOYMENT.— Section 5001(a)(6) of such Act (112 
Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat. 346) is 
amended by striking "$97,600,000 for the period of October 
1. 2004. through July 19, 2005" and inserting "$98,820,000 
for the period of October 1, 2004. through July 21. 2005". 

(7) UNIVERSITY TRANSPORTATION RESEARCH.— Section 
5001(a)(7) of such Act (112 Stat. 420; 118 Stat. 1150; 119 
Stat. 328: 119 Stat. 346) is amended by striking "$21,200,000 
for the period of October 1. 2004. through July 19. 2005" 



35 



PUBLIC LAW 109-35— JULY 20. 2005 1 19 STAT. 383 

and inserting "$21,465,000 for the period of October 1. 2004. 
through July 21. 2005". 

(c) METROPOLITAN PLANNING.— Section 5(c)(1) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1150; 
119 Stat. 328; 119 Stat. 346) is amended by striking "$174,000,000 
for the period of October 1, 2004. through July 19. 2005" and 
inserting "$176,175,000 for the period of October 1. 2004, through 
July 21, 2005". 

(d) TERRITORIES.— Section 1101(d)(1) of the Transportation 
Equity Act for the 21st Century (112 Stat. Ill; 118 Stat. 1150; 
119 Stat. 328; 119 Stat. 346) is amended by striking "$29,120,000 
for the period of October 1. 2004. through July 19. 2005" and 
inserting "$29,484,000 for the period of October 1, 2004. through 
July 21. 2005". 

(e) ALASKA HIGHWAY.— Section 1101(e)(1) of such Act (118 Stat. 
1150; 119 Stat. 328; 119 Stat. 346) is amended by striking 
"$15,040,000 for the period of October 1, 2004. through July 19, 
2005" and inserting "$15,228,000 for the period of October 1, 2004. 
through July 21.2005". 

(0 OPERATION LIFESAVER.— Section 1101(f)(1) of such Act (118 
Stat. 1151; 119 Stat. 328; 119 Stat. 346) is amended by striking 
"$400,000 for the period of October 1, 2004, through July 19, 2005 
and inserting "$405,000 for the period of October 1. 2004. through 
July 21. 2005". 

(g) BRIDGE DISCRETIONARY.— Section 1101(g)(1) of such Act (118 
Stat. 1 151; 1 19 Stat. 328; 1 19 Stat. 346) is amended— 

(1) by striking "$80,000,000" and inserting "$81,000,000"; 
and 

(2) by striking "July 19" and inserting "July 21". 

(h) INTERSTATE MAINTENANCE.— Section 1101(h)(1) of such Act 
(118 Stat. 1151; 119 Stat. 328; 119 Stat. 346) is amended— 

(1) by striking "$80,000,000" and inserting "$81,000,000"; 
and 

(2) by striking "July 19" and inserting "July 21". 

(i) RECREATIONAL TRAILS ADMINISTRATIVE COSTS.— Section 
1101(i)(l) of such Act (118 Stat. 1151; 119 Stat. 328; 119 Stat. 
346) is amended by striking '$600,000 for the period of October 
1. 2004, through July 19. 2005" and inserting "$607,500 for the 
period of October 1, 2004, through July 21. 2005 . 

(i) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH 
SPEED RAIL CORRIDORS.— Section 110lO)(l) of such Act (118 Stat. 
1151; 119 Stat. 328; 119 Stat. 346) is amended— 

(1) by striking "$4,200,000" and inserting "$4,252,000"; 

(2) by striking "$200,000" and inserting "$202,500"; and 

(3) by striking "July 19" each place it appears and inserting 
"July 21'. 

(k) NONDISCRIMINATION.— Section llOl(k) of such Act (118 Stat. 
1151; 119 Stat. 328; 119 Stat. 346) is amended— 

(1) in paragraph (1) by striking "$8,000,000 for the period 
of October 1, 2004, through July 19, 2005" and inserting 
"$8,100,000 for the period of October 1, 2004, through July 
21, 2005"; and 

(2) in paragraph (2) by striking "$8,000,000 for the period 
of October 1. 2004, through July 19, 2005" and inserting 
"$8,100,000 for the period of October 1, 2004, through July 
21, 2005". 



36 



119 STAT. 384 PUBLIC LAW 109-35— JULY 20. 2005 

(I) ADMINISTRATION OF FUNDS.— Section 5(1) of the Surface 
Transportation Extension Act of 2004. Part V (118 Stat. 1151; 
119 Stat. 329; 119 Stat. 346) is amended— 

(1) by striking "and section 4 of the Surface Transportation 
Extension Act of 2005, Part 11" and inserting "section 4 of 
the Surface Transportation Extension Act of 2005, Part II. 
and section 4 of the Surface Transportation Extension Act 
of 2005. Part IIF; and 

(2) by striking "and section 4(a) of the Surface Transpor- 
tation Extension Act of 2005. Part IF' and inserting "section 
4(a) of the Surface Transportation Extension Act of 2005. Part 
II, and section 4(a) of the Surface Transportation Extension 
Act of 2005. Part III". 

(m) REDUCTION OF ALLOCATED PROGRAMS.— Section 5(m) of 
such Act (118 Stat. 1151; 119 Stat. 329; 119 Stat. 346) is amended— 

(1) by striking "and section 4 of the Surface Transportation 
Extension Act of 2005. Part 11" and inserting "section 4 of 
the Surface Transportation Extension Act of 2005. Part II, 
and section 4 of the Surface Transportation Extension Act 
of 2005. Part III"; 

(2) by striking "and section 4 of the Surface Transportation 
Extension Act. Part 11" the first place it appears and inserting 
"section 4 of the Surface Transportation Extension Act, Part 
II, and section 4 of the Surface Transportation Extension Act. 
Part III"; and 

(3) by striking "and section 4 of the Surface Transportation 
Extension Act, Part 11" the second place it appears and inserting 
", section 4 of the Surface Transportation Extension Act of 
2005, Part II. and section 4 of the Surface Transportation 
Fxt^pnsion Act" Psrt TTT* 

(n) PROGRAM CATEGORY RECONCILIATION.— Section 5(n) of such 
Act (118 Stat. 1151; 119 Stat. 329; 119 Stat. 346) is amended 
by striking "and section 4 of the Surface Transportation Extension 
Act. Part 11' and inserting ". section 4 of the Surface Transportation 
Extension Act of 2005. Part II. and section 4 of the Surface 
Transportation Extension Act. Part III". 

SEC. 5. EXTENSION OF HIGHWAY SAFETY PROGRAMS. 

(a) CHAPTER 1 HIGHWAY SAFETY PROGRAMS.— 

(1) SEAT BELT SAFETY INCENTIVE GRANTS.— Section 157(g)(1) 
of title 23, United States Code, is amended by striking 
"$89,600,000 for the period of October 1. 2004. through July 
19. 2005" and inserting "$90,720,000 for the period of October 
1, 2004. through July 21. 2005". 

(2) PREVENTION OF INTOXICATED DRIVER INCENTIVE 
GRANTS. — Section 163(e)(1) of such title is amended by striking 
"$88,000,000 for the period of October 1. 2004. through July 
19, 2005" and inserting "$89,100,000 for the period of October 
1. 2004. through July 21. 2005". 

(b) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.— Section 2009(a)(1) 
of the Transportation Equity Act for the 21st Century (112 Stat. 
337; 118 Stat. 1152; 119 Stat. 329; 119 Stat. 346) is amended 
by striking "$132,000,000 for the period of October 1. 2004. through 
July 19. 2005" and inserting "$133,650,000 for the period of October 
1, 2004. through July 21, 2005". 

(c) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.— Section 
2009(a)(2) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat 



37 



PUBLIC LAW 109-35— JULY 20, 2005 119 STAT. 385 

329; 119 Stat. 346) is amended by striking "$57,600,000 for the 
period of October 1, 2004, through July 19, 2005" and inserting 
$58,320,000 for the period of October 1, 2004, through July 21, 
2005". 

(d) OCCUPANT PROTECTION INCENTIVE GRANTS.— Section 
2009(a)(3) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat. 
329; 119 Stat. 346) is amended by striking "$16,000,000 for the 
period of October 1, 2004, through July 19, 2005" and inserting 

$16,200,000 for the period of October 1, 2004, through July 21, 
2005". 

(e) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE 
GRANTS.— Section 2009(a)(4) of such Act (112 Stat. 337; 118 Stat. 
1153; 119 Stat. 329; 119 Stat. 346) is amended by striking 
"$32,000,000 for the period of October 1, 2004, through July 19, 
2005" and inserting "$32,400,000 for the period of October 1. 2004, 
through July 21. 2005". 

(0 NATIONAL DRIVER REGISTER.— 

(1) FUNDING.— Section 2009(a)(6) of such Act (112 Stat. 
338; 118 Stat. 1153; 119 Stat. 330; 119 Stat. 346) is amended 
by striking "$2,880,000 for the period of October 1. 2004. 
through July 19. 2005" and inserting "$2,916,000 for the period 
of October 1. 2004. through July 21. 2005". 

(2) CONTRACT AUTHORITY.— Funds made available by the 
amendments made by paragraph (1) and by section 5(f) of 
the Surface Transportation Extension Act of 2005 (119 Stat. 
330; 119 Stat. 346) shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 
1 of title 23, United States Code. 

SEC. 6. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PRO- 
GRAM. 

(a) ADMINISTRATIVE EXPENSES.— Section 7(a)(1) of the Surface 
Transportation Extension Act of 2004. Part V (118 Stat. 1153; 
119 Stat. 330; 119 Stat. 346) is amended by striking "$206,037,600 
for the period of October 1. 2004. through July 19, 2005" and 
inserting "$208,154,425 for the period of October 1, 2004, through 
July 21. 2005". 

(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.— Section 
31104(a)(8) of title 49, United States Code, is amended to read 
as follows: 

"(8) Not more than $136,589,041 for the period of October 
1, 2004, through July 21. 2005.". 

(c) INFORMATION SYSTEMS AND COMMERCIAL DRIVER'S LICENSE 
GRANTS.— 

(1) AUTHORIZATION OF APPROPRIATION.— Section 31107(a)(6) 
of such title is amended to read as follows: 

"(6) $16,164,384 for the period of October 1, 2004. through 
July 21. 2005.". 

(2) EMERGENCY CDL GRANTS.— Section 7(c)(2) of the Surface 
Transportation Extension Act of 2004. Part V (118 Stat. 1153; 
119 Stat. 330; 119 Stat. 346) is amended— 

(A) by striking "July 19" and inserting "July 21"; and 

(B) by striking "$800,000" and inserting "$808,219". 

(d) CRASH CAUSATION STUDY.— Section 7(d) of such Act (118 
Stat. 1154; 119 Stat. 330; 119 Stat. 346) is amended— 

(1) by striking "$800,000" and inserting "$808,219"; and 

(2) by striking 'July 19" and inserting "July 21". 



38 



119 STAT. 386 PUBLIC LAW 109-35— JULY 20. 2005 

SEC. 7. EXTENSION OF FEDERAL TRANSIT PROGRAMS. 

(a) ALLOCATING AMOUNTS.— Section 5309(m) of title 49. United 
States Code, is amended — 

(1) in the matter preceding subparagraph (A) of paragraph 
(1) by striking "July 19. 2005" and inserting "July 21, 2005"; 

(2) in paragraph (2)(B)(iii) — 

(A) in the heading by striking "JULY 19. 2005" and 
inserting "JULY 21. 2005"; 

(B) by striking "$8,320,000" and inserting "$8,424,000"; 
and 

(C) by striking "July 19, 2005" and inserting "July 
21, 2005"; 

(3) in paragraph (3)(B) — 

(A) by striking "$2,400,000" and inserting "$2,430,000"; 
and 

(B) by striking "July 19, 2005" and inserting "July 
21, 2005"; and 

(4) in paragraph (3)(C) — 

(A) by striking "$40,000,000" and inserting 
"$40,500,000"; and 

(B) by striking "July 19. 2005" and inserting "July 
21. 2005". 

(b) FORMULA GRANTS AUTHORIZATIONS.— Section 5338(a) of title 
49, United States Code, is amended — 

(1) in the heading to paragraph (2) by striking "JULY 19, 
2005" and inserting "JULY 21, 2005 ; 

(2) in paragraph {2)(A)(vii) — 

(A) by striking "$2,675,300,000" and inserting 
"$2,793,483,000"; and 

(B) by striking "July 19, 2005" and inserting "July 
21,2005"; 

(3) in paragraph (2)(B){vii) by striking "July 19. 2005" 
and inserting "July 21, 2005"; and 

(4) in paragraph (2)(C) by striking "July 19. 2005" and 
inserting "July 21. 2005". 

(c) FOF^ULA GRANT FUNDS.— Section 8(d) of the Surface 
Transportation Extension Act of 2004. Part V (118 Stat. 1155; 
119 Stat. 331; 119 Stat. 346) is amended— 

(1) in the heading by striking "JULY 19, 2005" and inserting 
"JULY 21. 2005"; 

(2) in the matter preceding paragraph (1) by striking "July 
19, 2005" and inserting "July 21, 2005"; 

(3) in pciragraph (1) by striking "$3,879,960" and inserting 
"$3,928,459"; 

(4) in paragraph (2) by striking "$40,000,000" and inserting 
"$40,500,000"; 

(5) in paragraph (3) by striking "$76,231,201" and inserting 
"$79,052,761"; 

(6) in paragraph (4) by striking "$202,330,313" and 
inserting "$209,819,203"; 

(7) in paragraph (5) by striking "$5,560,000" and inserting 
"$5,629,500"; and 

(8) in paragraph (6) by striking "$2,897,738,526" and 
inserting "$3,004,993,077". 

(d) CAPITAL PROGRAM AUTHORIZATIONS.— Section 5338(b)(2) of 
title 49, United States Code, is amended — 



39 



PUBLIC LAW 109-35— JULY 20. 2005 119 STAT. 387 

(1) in the heading by striking "JULY 19, 2005" and inserting 
"JULY 21. 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$2,235,820,000" and inserting 
"$2,263,265,142"; and 

(B) by striking "July 19, 2005" and inserting "July 
21. 2005"; and 

(3) in subparagraph (B)(vii) by striking "July 19, 2005" 
and inserting "July 21, 2005". 

(e) PLANNING AUTHORIZATIONS AND ALLOCATIONS.— Section 
5338(c)(2) of title 49, United States Code, is amended— 

(1) in the heading by striking "JULY 19. 2005" and inserting 
"JULY 21. 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$47,946,667" and inserting 
"$48,546,727"; and 

(B) by striking "July 19, 2005" and inserting "July 
21. 2005"; and 

(3) in subparagraph (B)(vii) by striking "July 19. 2005" 
and inserting "July 21. 2005". 

(f) RESEARCH AUTHORIZATIONS.— Section 5338(d)(2) of title 49. 
United States Code, is amended — 

(1) in the heading by striking "JULY 19. 2005" and inserting 
"JULY 21. 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$36,933,334" and inserting 
"$37,385,434"; and 

(B) by striking "July 19, 2005" and inserting "July 
21, 2005"; 

(3) in subparagraph (B)(vii) by striking "July 19. 2005" 
and inserting "July 21. 2005"; and 

(4) in subparagraph (C) by striking "July 19. 2005" and 
inserting "July 21. 2005". 

(^ ALLOCATION OF RESEARCH FUNDS.— Section 8(h) of the Sur- 
face Transportation Extension Act of 2004. Part V (118 Stat. 1156; 
119 Stat. 332; 1 19 Stat. 346) is amended— 

(1) in the heading by striking "JULY 19, 2005" and inserting 
"JULY 21, 2005"; 

(2) in the matter preceding pziragraph (1) by striking "July 
19. 2005" and inserting "July 21, 2005"; 

(3) in paragraph (1) by striking "$4,200,000" and inserting 
"$4,252,500"; 

(4) in paragraph (2) by striking "$6,600,000" and inserting 
"$6,682,500"; and 

(5) in paragraph (3) — 

(A) by striking "$3,200,000" and inserting "$3,240,000"; 
and 

(B) by striking "$800,000" and inserting "$810,000". 
(h) UNIVERSITY TRANSPORTATION RESEARCH AUTHORIZATIONS.— 

Section 5338(e)(2) of title 49. United States Code, is amended — 

(1) in the heading by striking "JULY 19, 2005" and inserting 
"JULY 21. 2005"; 

(2) in subparagraph (A) — 

(A) by striking "$4,000,000" and inserting "$4,060,000"; 
and 

(B) by striking "July 19, 2005" and inserting "July 
21. 2005"; 



40 



119 STAT. 388 PUBLIC LAW 109-35— JULY 20. 2005 

(3) in subparagraph (B) by striking "July 19, 2005" and 
inserting "July 21, 2005"; and 

(4) in subparagraphs (C)(i) and (C)(iii) by striking "July 
19. 2005" and inserting "July 21, 2005". 

(i) ALLOCATION OF UNIVERSITY TRANSPORTATION RESEARCH 
FUNDS.— 

(1) IN GENERAL. — Section 8(j) of the Surface Transportation 
Extension Act of 2004. Part V (118 Stat. 1157; 119 Stat. 332; 
119 Stat. 346) is amended— 

(A) in the matter preceding subparagraph (A) of para- 
graph (1) by striking 'July 19, 2005" and inserting "July 
21. 2005": 

(B) in paragraph (1)(A) by striking "$1,600,000" and 
inserting "$1,620,000"; 

(C) in paragraph (1)(B) by striking "$1,600,000" and 
inserting "$1,620,000"; and 

(D) in paragraph (2) by striking "July 19. 2005" and 
inserting "July 21. 2005". 

(2) CONFORMING AMENDMENT.— Section 3015(d)(2) of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 
5338 note; 112 Stat. 857; 118 Stat. 1157; 119 Stat. 332; 119 
Stat. 346) is amended by striking "July 19, 2005" and inserting 
"July 21. 2005". 

(j) ADMINISTRATION AUTHORIZATIONS.— Section 5338(f)(2) of title 
49. United States Code, is amended — 

(1) in the heading by striking "JULY 19, 2005" and inserting 
"JULY 21. 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$52,000,000" and inserting 
"$52,780,000"; and 

(B) by striking "July 19, 2005" and inserting "July 
21. 2005"; and 

(3) in subparagraph (B)(vii) by striking "July 19, 2005" 
and inserting "July 21, 2005". 

(k) JOB ACCESS AND REVERSE COMMUTE PROGRAM.— Section 
3037(1) of the Transportation Equity Act for the 21st Century (49 
U.S.C. 5309 note; 112 Stat. 391; 118 Stat. 1157; 119 Stat. 333; 
119 Stat. 346) is amended — 

(1) in paragraph (l)(A)(vii) — 

(A) by striking "$80,000,000" and inserting 
"$81,027.500";and 

(B) by striking "July 19. 2005" and inserting "July 
21.2005"; 

(2) in paragraph (l)(B)(vii) by striking "July 19, 2005" 
and inserting "July 21. 2005"; and 

(3) in paragraph (2) by striking "July 19. 2005. not more 
than $8,000,000" and inserting "July 21. 2005. not more than 
$8,100,000". 

(1) RURAL TRANSPORTATION ACCESSIBE.ITY INCENTIVE PRO- 
GRAM. — Section 3038(g) of the Transportation Equity Act for the 
21st Century (49 U.S.C. 5310 note; 112 Stat. 393; 118 Stat. 1158; 
119 Stat. 333; 119 Stat. 346) is amended— 

(1) by striking paragraph (1)(G) and inserting the following: 

IG) $4,222,125 for the period of October 1. 2004. 
through July 21, 2005."; and 

(2) in paragraph (2) — 



41 



PUBLIC LAW 109-35— JULY 20, 2005 119 STAT. 389 

(A) by striking "$1,360,000" and inserting "$1,407,375": 
and 

(B) by striking "July 19, 2005" and inserting "July 
21. 2005". 

(m) URBANIZED AREA FORMULA GRANTS.— Section 5307(b)(2) 
of title 49, United States Code, is amended — 

(1) in the heading by striking "JULY 19, 2005" and inserting 
"JULY 21, 2005": and 

(2) in subparagraph (A) by striking "July 19, 2005" and 
inserting "July 21, 2005". 

(n) OBLIGATION CEILING.— Section 3040(7) of the Transportation 
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 1158: 
119 Stat. 333: 119 Stat. 346) is amended— 

(1) by striking "$6,166,400,000" and inserting 
"$6,229,759,760": and 

(2) by striking "July 19, 2005" and inserting "July 21, 
2005". 

(o) FUEL CELL BUS AND BUS FACILITIES PROGRAM.— Section 
3015(b) of the Transportation Equity Act for the 21st Century 
(112 Stat. 361: 118 Stat. 1158; 119 Stat. 333; 119 Stat. 346) is 
amended — 

(1) by striking "July 19, 2005" and inserting "July 21, 
2005"; and 

(2) by striking "$3,880,000" and inserting "$3,928,500". 

(p) ADVANCED TECHNOLOGY PILOT PROJECT.— Section 3015(c)(2) 
of the Transportation Equity Act for the 21st Century (49 U.S.C. 23 USC 322 note. 
322 note; 112 Stat. 361; 118 Stat. 1158; 119 Stat. 334; 119 Stat. 
346) is amended — 

(1) by striking "July 19, 2005," and inserting "July 21. 
2005"; and 

(2) by striking "$4,000,000" and inserting "$4,050,000". 

(q) PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTEN- 
SIONS TO EXISTING SYSTEMS.— Subsections (a), (b). and (c)(1) of 
section 3030 of the Transportation Equity Act for the 21st Century 
(112 Stat. 373; 118 Stat. 1158; 119 Stat. 334; 119 Stat. 346) are 
amended by striking "July 19, 2005" and inserting "July 21, 2005". 

(r) NEW JERSEY URBAN CORE PROJECT.— Subparagraphs (A). 
(B), and (C) of section 3031(a)(3) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2122; 118 Stat. 
1158; 119 Stat. 334; 119 Stat. 346) are amended by striking "July 
19, 2005" and inserting "July 21, 2005". 

(s) LOCAL SHARE. — Section 3011(a) of the Tremsportation Equity 
Act for the 21st Century (49 U.S.C. 5307 note: 118 Stat. 1158; 
119 Stat. 334; 119 Stat. 346) is amended by striking "July 19, 
2005" and inserting "July 21, 2005". 

SEC. 8. SPORT FISHING AND BOATING SAFETY. 

(a) FUNDING FOR NATIONAL OUTREACH AND COMMUNICATIONS 
PROGRAM.— Section 4(c)(7) of the Dingell-Johnson Sport Fish Res- 
toration Act (16 U.S.C. 777c(c)) is amended to read as follows: 

"(7) $8,099,997 for the period of October 1. 2004, through 
July 21, 2005;". 

(b) CLEAN VESSEL ACT FUNDING.— Section 4(b)(4) of such Act 
(16 U.S.C. 777c(b)(4)) is amended to read as follows: 

"(4) FIRST 42 WEEKS OF FISCAL YEAR 2005.— For the period 
of October 1, 2004, through July 21, 2005, of the balance 



42 



119 STAT. 390 PUBLIC LAW 109-35— JULY 20. 2005 

of each annual appropriation remaining after making the dis- 
tribution under subsection (a), an amount equal to $66,420,000, 
reduced by 82.9 percent of the amount appropriated for that 
flscal year from the Boat Seifety Account of the Aquatic 
Resources Trust Fund established by section 9504 of the 
Internal Revenue Code of 1986 to carry out the purposes of 
section 13106(a) of title 46, United States Code, shall be used 
as follows: 

"(A) $8,100,000 shall be available to the Secretary of 

the Interior for 3 fiscal years for obligation for qualified 

projects under section 5604(c) of the Clean Vessel Act of 

1992 (33 U.S.C. 1322 note). 

"(B) $6,480,000 shall be available to the Secretary of 

the Interior for 3 fiscal years for obligation for qualified 

grojects under section 7404(d) of the Sportfishing and 
oating Safety Act of 1998 (16 U.S.C. 777g-l(d)). 

"(Q The balance remaining after the application of 
subparagraphs (A) and (B) shedl be transferred to the Sec- 
retary of Transportation and shall be expended for State 
recreational boating safety programs under section 13106 
of title 46, United States Code.", 
(c) BOAT SAFETY FUNDS.— Section 13106(c) of title 46, United 
States Code, is amended — 

(1) by striking "$4,000,000" and inserting "$4,050,000"; and 

(2) by striking "$1,600,000" and inserting "$1,620,003". 

SEC. 9. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS 
FOR OBLIGATIONS UNDER TEA-21. 

(a) HIGHWAY TRUST FUND.— 

(1) IN GENERAL.— Paragraph (1) of section 9503(c) of the 
26 use 9503. Internal Revenue Code of 1986 is amended — 

(A) in the matter before subparagraph (A), by striking 
"July 20, 2005" and inserting "July 22, 2005"; 

(B) by striking "or" at the end of subparagraph (L); 

(C) by striking the period at the end of subparagraph 
(M) and inserting ' , or"; 

(D) by inserting after subparagraph (M) the following 
new subparagraph: 

"(N) authorized to be paid out of the Highway Trust 
Fund under the Surface Transportation Extension Act of 
2005, Part III."; and 

(E) in the matter after subparagraph (N), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2005, Part II' and inserting "Surface 
Transportation Extension Act of 2005, Part III". 

(2) MASS TRANSIT ACCOUNT.— Paragraph (3) of section 
9503(e) of such Code is amended — 

(A) in the matter before subparagraph (A), by striking 
"July 20, 2005" and inserting "July 22. 2005"; 

(B) in subparagraph (Jj, by striking "or" at the end 
of such subparagraph; 

(C) in subparagraph (K), by inserting "or" at the end 
of such subparagraph; 

(D) by inserting after subparagraph (K) the following 
new subparagraph: 

"(L) the Surface Transportation Extension Act of 2005, 
Part III,"; and 



43 



PUBLIC LAW 109-35— JULY 20. 2005 119 STAT. 391 

(E) in the matter after subparagraph (L), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2005, Part II" and inserting "Surface 
Transportation Extension Act of 2005, Part III". 
(3) EXCEPTION TO LIMITATION ON TRANSFERS.— Subpara- 
graph (B) of section 9503(b)(6) of such Code is amended by 
striking "July 20, 2005" and inserting "July 22, 2005". 

(b) AQUATIC RESOURCES TRUST FUND.— 

(1) SPORT FISH RESTORATION ACCOUNT.— Paragraph (2) of 

section 9504(b) of the Internal Revenue Code of 1986 is 26USC9504. 
amended by striking "Surface Transportation Extension Act 
of 2005, Part 11" each place it appears and inserting "Surface 
Transportation Extension Act of 2005, Part III". 

(2) BOAT SAFETY ACCOUNT.— Subsection (c) of section 9504 
of such Code is amended — 

(A) by striking "July 20, 2005" and inserting "July 
22. 2005"; and 

(B) by striking "Surface Transportation Extension Act 
of 2005, Part 11" and inserting "Surface Transportation 
Extension Act of 2005. Part III". 

(3) EXCEPTION TO LIMITATION ON TRANSFERS.— Paragraph 
(2) of section 9504(d) of such Code is amended by striking 
"July 20, 2005" and inserting "July 22. 2005". 

(c) EFFECTIVE DATE.— The amendments made by this section 26 use 9503 
shall take effect on the date of the enactment of this Act. ™te. 

(d) TEMPORARY RULE REGARDING ADJUSTMENTS.— During the 
period beginning on the date of the enactment of the Surface 
Transportation Extension Act of 2003 and ending on July 21. 2005, 
for purposes of making any estimate under section 9503(d) of the 
Internal Revenue Code of 1986 of receipts of the Highway Trust 
Fund, the Secretary of the Treasury shall treat — 

(1) each expiring provision of paragraphs (1) through (4) 
of section 9503(b) of such Code which is related to appropria- 
tions or transfers to such Fund to have been extended through 
the end of the 24-month period referred to in section 
9503(d)(1)(B) of such Code; and 

(2) with respect to each tax imposed under the sections 
referred to in section 9503(b)(1) of such Code, the rate of such 
tax during the 24-month period referred to in section 
9503(d)(1)(B) of such Code to be the same as the rate of such 



44 



1 19 STAT. 392 PUBLIC LAW 109-35— JULY 20. 2005 

tax as in effect on the date of the enactment of the Surface 
Transportation Extension Act of 2003. 

Approved July 20, 2005. 



LEGISLATIVE HISTORY — H.R. 333Z: 

CONGRESSIONAL RECORD, Vol. 151 (2005): 

July 19, considered and passed House and Senate. 



45 



119 STAT. 410 PUBLIC LAW 109-40-JULY 28, 2005 



Public Law 109-40 
109th Congress 

An Act 

T 1 9R otwi "^^ provide an extension of highway, highway safety, motor carrier safety, transit, 
July Za, ^UUo — g^^ other programs funded out of the Highway TVust Fund pending enactment 
[H.R. 3453] of a law reauthorizing the Transportation Equity Act for the 2lBt Century. 

Be it enacted by the Senate and House of Representatives of 
Surfece the United States of America in Congress assembled. 

Transportation 
Extension Act of SECTION 1 . SHORT TITLE. 

23 use 101 note This Act may be cited as the "Surface Transportation Extension 

Act of 2005, Part V". 

SEC. 2. ADVANCES. 

(a) In General. — Section 2(a)(1) of the Surface Transportation 
Extension Act of 2004, Part V (23 U.S.C. 104 note; 118 Stat. 
1144; 119 Stat. 324; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) 
is amended by striking "and the Surface Transportation Extension 
Act of 2005, Part IV and inserting "the Surface Transportation 
Extension Act of 2005, Part IV, and the Surface Transportation 
Extension Act of 2005, Part V". 

(b) Programmatic Distributions.— 

(1) Special rules for minimum guarantee. — Section 
2(b)(4) of such Act (119 Stat. 324; 119 Stat. 346; 119 Stat. 
379; 119 Stat. 394) is amended by striking "$2,301,370,400" 
and inserting "$2,324,000,000". 

(2) Extension of off-system bridge setaside. — Section 
144(g)(3) of title 23, United States Code, is amended by striking 
"July 27" and inserting "July 30". 

(c) Authorization of Contract Authority. — Section 
llOKDd) of the Transportation Equity Act for the 21st Century 
(118 Stat. 1145; 119 Stat. 324; 119 Stat. 346; 119 Stat. 379; 119 
Stat. 394) is amended by striking "$27,968,968,718 for the period 
of October 1, 2004, through July 27, 2005" and inserting 
"$28,243,990,320 for the period of October 1, 2004, through July 
30, 2005". 

(d) Limitation on Obligations. — Section 2(e) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1146; 

23 use 104 note. 119 Stat. 324; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended — 

(1) in paragraph (1) — 

(A) by striking "July 27" and inserting "July 30"; 

(B) by striking "and the Surface Transportation Exten- 
sion Act of 2005, Part TV" and inserting "the Surface 
Transportation Extension Act of 2005, Part IV, and the 
Surface Transportation Extension Act of 2005, Part V"; 
and 



46 



PUBLIC LAW 109-40— JULY 28, 2005 119 STAT. 411 

(C) by striking "82.2 percent" and inserting "83 per- 
cent"; and 

(2) in paragraph (2) — 

(A) by striking "July 27, 2005, shall not exceed 
$28,520,554,600" and inserting "July 30, 2005, shall not 
exceed $28,801,000,000"; and 

(B) by striking "$525,205,602" and inserting 
"$530,370,000"; and 

(3) in paragraph (3) by striking "July 27" and inserting 
"July 30". 

SEC. 3. ADMrniSTRAUVE EXPENSES. 

Section 4(a) of the Surface Transportation Extension Act of 
2004, Part V (118 Stat. 1147; 119 Stat. 325; 119 Stat. 346; 119 
Stat. 379; 119 Stat. 394) is amended by striking "$289,334,862" 
and inserting "$292,179,920". 

SEC. 4. OTHER FEDERAL-AID HIGHWAY PROGRAMS. 

(a) Authorization of Appropriations Under Title I of TEA- 
21.— 

(1) Federal lands highways.— 

(A) Indian reservation roads.— Section 1101(a)(8XA) 
of the Transportation Equity Act for the 21st Century 
(112 Stat. 112; 118 Stat. 1147; 119 Stat. 325; 119 Stat. 
346; 119 Stat. 379; 119 Stat. 394) is amended— 

(i) in the first sentence by striking "$226,027,450 
for the period of October 1, 2004, through July 27, 
2005" and inserting "$228,250,000 for the period of 
October 1, 2004, through July 30, 2005"; and 

(ii) in the second sentence by striking 
"$10,684,934" and inserting "$10,790,000". 

(B) PUBUC lands highways.— Section 1101(a)(8)(B) of 
such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325; 
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended 
by striking "$202,191,828 for the period of October 1, 2004, 
through July 27, 2005" and inserting "$204,180,000 for 
the period of October 1, 2004, through July 30, 2005". 

(C) Park roads and parkways.— Section 1101(a)(8XC) 
of such Act (112 Stat. 112; 118 Stat. 1148; 119 Stat. 325; 
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended 
by striking "$135,616,470 for the period of October 1, 2004, 
through July 27, 2005" and inserting "$136,950,000 for 
the period of October 1, 2004, through July 30, 2005". 

(D) Refuge roads.— Section 1101(a)(8)(D) of such Act 
(112 Stat. 112; 118 Stat. 1148; 119 Stat. 326; 119 Stat. 
346; 119 Stat. 379; 119 Stat. 394) is amended by striking 
"$16,438,360 for the period of October 1, 2004, through 
July 27, 2005" and inserting "$16,600,000 for the period 
of October 1, 2004, through July 30, 2005". 

(2) National corridor planning and development and 
coordinated border infrastructure programs. — Section 
1101(aX9) of such Act (112 Stat. 112; 118 Stat. 1148; 119 
Stat. 326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended by striking "$115,068,520 for the period of October 
1, 2004, through July 27, 2005" and inserting "$116,200,000 
for the period of October 1, 2004, through July 30, 2005". 

(3) (Construction of ferry boats and ferry terminal 
facilities. — 



47 



119 STAT. 412 PUBLIC LAW 109-40— JULY 28, 2005 

(A) In general.— Section 1101(a)(10) of such Act (112 
Stat. 113; 118 Stat. 1148; 119 Stat. 326; 119 Stat. 346; 
119 Stat. 379; 119 Stat. 394) is amended by striking 
"$31,232,884 for the period of October 1, 2004, through 
July 27, 2005" and inserting "$31,540,000 for the period 
of October 1, 2004, through Jvdy 30, 2005". 

(B) Set aside for Alaska, new jersey, and Wash- 
ington. — Section 5(aX3)(B) of the Surface Transportation 
Extension Act of 2004, Part V (118 Stat. 1148; 119 Stat. 
326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended — 

(i) in clause (i) by striking "$8,219,180" and 
inserting "$8,300,000"; 

(ii) in clause (ii) by striking "$4,109,590" and 
inserting "$4,150,000"; and 

(iii) in clause (iii) by striking "$4,109,590" and 
inserting "$4,150,000". 

(4) National scenic byways program. — Section 
llOl(aXll) of the Transportation Equity Act for the 21st Cen- 
tury (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326; 119 Stat. 
346; 119 Stat. 379; 119 Stat. 394) is amended by striking 
"$21,780,827 for the period of October 1, 2004, through July 
27, 2005" and inserting "$21,995,000 for the period of October 
1, 2004, through July 30, 2005". 

(5) Value pricing pilot program. — Section 1101(a)(12) 
of such Act (112 Stat. 113; 118 Stat. 1148; 119 Stat. 326; 
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by 
striking "$9,041,098 for the period of October 1, 2004, through 
July 27, 2005" and inserting "$9,130,000 for the period of 
October 1, 2004, through July 30, 2005". 

(6) Highway use tax evasion projects. — Section 
1101(aX14) of such Act (112 Stat. 113; 118 Stat. 1148; 119 
Stat. 326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended by striking "$4,109,590 for the period of October 1, 
2004, through July 27, 2005" and inserting "$4,150,000 for 
the period of October 1, 2004, through July 30, 2005". 

(7) Commonwealth of Puerto rico highway program. — 
Section 1101(aX15) of the Transportation Equity Act for the 
21st Century (112 Stat. 113; 118 Stat. 1149; 119 Stat. 326; 
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by 
striking "$90,410,980 for the period of October 1, 2004, through 
July 27, 2005" and inserting "$91,300,000 for the period of 
October 1, 2004, through July 30, 2005". 

(8) Safety grants.— Section 1212(iXlXD) of such Act (23 
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 118 Stat. 1149; 
119 Stat. 326; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) 
is amended by striking "$410,959 for the period of October 
1, 2004, through July 27, 2005" and inserting "$415,000 for 
the period of October 1, 2004, through July 30, 2005". 

(9) Transportation and community and system 
preservation pilot program. — Section 1221(e)(1) of such Act 
(23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 1149; 119 Stat. 
327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended 
by striking "$20,547,950 for the period of October 1, 2004, 
through July 27, 2005" and inserting "$20,750,000 for the period 
of October 1, 2004, through July 30, 2005". 



48 



PUBLIC LAW 109-40-^JULY 28, 2005 119 STAT. 413 

(10) Transportation infrastructure finance and 
INNOVATION.— Section 188 of title 23, United States Code, is 
amended — 

(A) in subsection (a)(1) by striking subparagraph (G) 
and inserting the following: 

"(G) $107,900,000 for the period of October 1, 2004, 
through July 30, 2005."; 

(B) in subsection (a)(2) by striking "$1,643,836 for the 
period of October 1, 2004, through July 27, 2005" and 
inserting "$1,660,000 for the period of October 1, 2004, 
through July 30, 2005"; and 

(C) in the item relating to fiscal year 2005 in table 
contained in subsection (c) by striking "$2,136,986,800" 
and inserting "$2,158,000,000". 

(11) National scenic byways clearinghouse. — Section 
1215(b)(3) of the Transportation Equity Act for the 21st Century 
(112 Stat. 210; 118 Stat. 1149; 119 Stat. 327; 119 Stat. 346; 
119 Stat. 379; 119 Stat. 394) is amended— 

(A) by striking "$1,232,877" and inserting "$1,245,000"; 
and 

(B) by striking "July 27" and inserting "July 30". 

(b) Authorization of Appropriations Under Title V of 
TEA-21.— 

(1) Surface transportation research. — Section 
5001(a)(1) of the Transportation Equity Act for the 21st Century 
(112 Stat. 419; 118 Stat. 1149; 119 Stat. 327; 119 Stat. 346; 
119 Stat. 379; 119 Stat. 394) is amended by striking 
"$84,657,554 for the period of October 1, 2004, through July 
27, 2005" and inserting "$85,490,000 for the period of October 
1, 2004, through July 30, 2005". 

(2) Technology deployment program. — Section 
5001(a)(2) of such Act (112 Stat. 419; 118 Stat. 1149; 119 
Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended by striking "$41,095,900 for the period of October 
1, 2004, through July 27, 2005" and inserting "$41,500,000 
for the period of October 1, 2004, through July 30, 2005". 

(3) Training and education.— Section 5001(a)(3) of such 
Act (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat. 
346; 119 Stat. 379; 119 Stat. 394) is amended by striking 
"$16,438,360 for the period of October 1, 2004, through July 
27, 2005" and inserting "$16,600,000 for the period of October 
1, 2004, through July 30, 2005". 

(4) Bureau of transportation statistics. — Section 
5001(aX4) of such Act (112 Stat. 420; 118 Stat. 1150; 119 
Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended by striking "$25,479,458 for the period of October 
1, 2004, through July 27, 2005" and inserting "$25,730,000 
for the period of October 1, 2004, through July 30, 2005". 

(5) ITS standards, research, operational tests, and 
DEVELOPMENT.— Section 5001(a)(5) of such Act (112 Stat. 420; 

118 Stat. 1150; 119 Stat. 327; 119 Stat. 346; 119 Stat. 379; 

119 Stat. 394) is amended by striking "$90,410,980 for the 
period of October 1, 2004, through July 27, 2005" and inserting 
"$91,300,000 for the period of October 1, 2004, through July 
30, 2005". 

(6) ITS DEPLOYMENT.— Section 5001(a)(6) of such Act (112 
Stat. 420; 118 Stat. 1150; 119 Stat. 327; 119 Stat. 346; 119 



49 



119 STAT. 414 PUBLIC LAW 109-40— JULY 28, 2005 

Stat. 379; 119 Stat. 394) is amended by striking "$100,273,996 
for the period of October 1, 2004, through July 27, 2005" 
and inserting "$101,260,000 for the period of October 1, 2004, 
through July 30, 2005". 

(7) University transportation research. — Section 
5001(a)(7) of such Act (112 Stat. 420; 118 Stat. 1150; 119 
Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended by striking "$21,780,827 for the period of October 
1, 2004, through July 27, 2005" and inseriiing "$21,995,000 
for the period of October 1, 2004, through July 30, 2005". 

(c) Metropolitan Planning. — Section 5(c)(1) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1150; 
119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended by striking "$178,767,165 for the period of October 1, 
2004, through July 27, 2005" and inserting "$180,525,000 for the 
period of October 1, 2004, through July 30, 2005". 

(d) Territories.— Section 1101(d)(1) of the Transportation 
Equity Act for the 21st Century (112 Stat. Ill; 118 Stat. 1150; 
119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended by striking "$29,917,815 for the period of October 1, 
2004, through July 27, 2005" and inserting "$30,212,000 for the 
period of October 1, 2004, through July 30, 2005". 

(e) Alaska Highway. — Section 1101(e)(1) of such Act (118 Stat. 
1150; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) 
is amended by striking "$15,452,058 for the period of October 1, 
2004, through July 27, 2005" and inserting "$15,604,000 for the 
period of October 1, 2004, through July 30, 2005". 

(0 Operation Lifesaver.— Section 1101(f)(1) of such Act (118 
Stat. 1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 
394) is amended by striking "$410,959 for the period of October 
1, 2004, through July 27, 2005" and inserting "$415,000 for the 
period of October 1, 2004, through July 30, 2005". 

(g) Bridge Discretionary. — Section llOl(gXl) of such Act (118 
Stat. 1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 
394) is amended — 

(1) by striking "$82,191,800" and inserting "$83,000,000"; 
and 

(2) by striking "July 27" and inserting "July 30". 

(h) Interstate Maintenance. — Section 1101(h)(1) of such Act 
(118 Stat. 1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 
Stat. 394) is amended — 

(1) by striking "$82,191,800" and inserting "$83,000,000"; 
and 

(2) by striking "July 27" and inserting "July 30". 

(i) Recreational Trails Administrative Costs. — Section 
llOl(iKl) of such Act (118 Stat. 1151; 119 Stat. 328; 119 Stat. 
346; 119 Stat. 379; 119 Stat. 394) is amended by striking "$616,439 
for the period of October 1, 2004, through July 27, 2005" and 
inserting "$622,500 for the period of October 1, 2004, through 
July 30, 2005". 

(j) Railway-Highway Crossing Hazard Elimination in High 
Speed Rail Corridors.— Section 1101(jXl) of such Act (118 Stat. 
1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) 
is amended — 

(1) by striking "$4,315,069" and inserting "$4,357,500"; 

(2) by striking "$205,480" and inserting "$207,500"; and 



50 



PUBLIC LAW 109-40-^IULY 28, 2005 119 STAT. 415 

(3) by striking "July 27" each place it appears and inserting 

"July 30". 

(k) Nondiscrimination. — Section llOl(k) of such Act (118 Stat. 
1151; 119 Stat. 328; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) 
is amended — 

(1) in paragraph (1) by striking "$8,219,180 for the period 
of October 1, 2004, through July 27, 2005" and inserting 
"$8,300,000 for the period of October 1, 2004, through July 
30, 2005"; and 

(2) in paragraph (2) by striking "$8,219,180 for the period 
of October 1, 2004, through July 27, 2005" and inserting 
"$8,300,000 for the period of October 1, 2004, through July 
30, 2005". 

(1) Administration of Funds. — Section 5(1) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1151; 
119 Stat. 329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended — 

(1) by striking "and section 4 of the Surface Transportation 
Extension Act of 2005, Part FV" and inserting "section 4 of 
the Surface Transportation Extension Act of 2005, Part IV, 
and section 4 of the Surface Transportation Extension Act 
of2005, Part V"; and 

(2) by striking "and section 4(a) of the Surface Transpor- 
tation Extension Act of 2005, Part IV" and inserting "section 
4(a) of the Svu^ace Transportation Extension Act of 2005, Part 
IV, and section 4(a) of the Surface Transportation Extension 
Act of 2005, Part V". 

(m) Reduction of Allocated Programs. — Section 5(m) of 
such Act (118 Stat. 1151; 119 Stat. 329; 119 Stat. 346; 119 Stat. 
379; 119 Stat. 394) is amended— 

(1) by striking "and section 4 of Surface Transportation 
Extension Act of 2005, Part IV" and inserting "section 4 of 
the Surface Transportation Extension Act of 2005, Part IV, 
and section 4 of the Surface Transportation Extension Act 
of 2005, Part V"; 

(2) by striking "and section 4 of the Surface Transportation 
Extension Act, Part TV" the first place it appears and inserting 
"section 4 of the Surface Transportation Extension Act of 2005, 
Part IV, and section 4 of the Surface Transportation Extension 
Act of 2005, Part V"; and 

(3) by striking "and section 4 of the Surface Transportation 
Extension Act, Part IV" the second place it appears and 
inserting "section 4 of the Surface Transportation Extension 
Act of 2005, Part IV, and section 4 of the Surface Transportation 
Extension Act of 2005, Part V". 

(n) Program Category Reconcilution.— Section 5(n) of such 
Act (118 Stat. 1151; 119 Stat. 329; 119 Stat. 346; 119 Stat. 379; 
119 Stat. 394) is amended by striking "and section 4 of the Surface 
Transportation Extension Act, Part IV" and inserting "section 4 
of the Surface Transportation Extension Act of 2005, Part IV, 
and section 4 of the Surface Transportation Extension Act of 2005, 
PartV". 

SEC. 5. EXTENSION OF HIGHWAY SAFETY PROGRAMS. 

(a) Chapter 1 Highway Safety Programs.— 

(1) Seat belt safety incentive grants. — Section 157(g)(1) 
of title 23, United States Code, is amended by striking 



51 



119 STAT. 416 PUBLIC LAW 109-40— JULY 28, 2005 

"$92,054,794 for the period of October 1, 2004, through July 
27, 2005" and inserting "$92,975,342 for the period of October 
1, 2004, through July 30, 2005". 

(2) Prevention of intoxicated driver incentive 
GRANTS. — Section 163(eXl) of such title is amended by striking 
"$90,410,958 for the period of October 1, 2004, through July 
27, 2005" and inserting "$91,315,068 for the period of October 
1, 2004, through July 30, 2005". 

(b) Chapter 4 Highway Safety Programs. — Section 2009(a)(1) 
of the Transportation Equity Act for the 21st Century (112 Stat. 
337; 118 Stat. 1152; 119 Stat. 329; 119 Stat. 346; 119 Stat. 379; 
119 Stat. 394) is amended by striking "$135,616,438 for the period 
of October 1, 2004, through July 27, 2005" and inserting 
"$136,972,603 for the period of October 1, 2004, through July 30, 
2005". 

(c) Highway Safety Research and Development. — Section 
2009(a)(2) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat. 
329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended 
by striking "$59,178,082 for the period of October 1, 2004, through 
July 27, 2005" and inserting "$59,769,863 for the period of October 
1, 2004, through July 30, 2005". 

(d) Occupant Protection Incentive Grants. — Section 
2009(aX3) of such Act (112 Stat. 337; 118 Stat. 1152; 119 Stat. 
329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended 
by striking "$16,438,356 for the period of October 1, 2004, through 
July 27, 2005" and inserting "$16,602,704 for the period of October 
1, 2004, through July 30, 2005". 

(e) Alcohol-Impaired Driving Countermeasures Incentive 
Grants.— Section 2009(a)(4) of such Act (112 Stat. 337; 118 Stat. 
1153; 119 Stat. 329; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) 
is amended by striking "$32,876,712 for the period of October 1, 
2004, through July 27, 2005" and inserting "$33,205,479 for the 
period of October 1, 2004, through July 30, 2005". 

(f) National Driver Register.— 

(1) Funding.— Section 2009(a)(6) of such Act (112 Stat. 
338; 118 Stat. 1153; 119 Stat. 330; 119 Stat. 346; 119 Stat. 
379; 119 Stat. 394) is amended by striking "$2,958,904 for 
the period of October 1, 2004, through July 27, 2005" and 
inserting "$2,988,493 for the period of October 1, 2004, through 
July 30, 2005". 

(2) Contract authority. — Funds made available by the 
amendments made by paragraph (1) and by section 5(f) of 
the Siuface Transportation Extension Act of 2005 (119 Stat. 
330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) shall be 
available for obUgation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States 
Code. 

SEC. 6. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PRO- 
GRAM. 

(a) Administrative Expenses. — Section 7(a)(1) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1153; 
119 Stat. 330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended by striking "$211,682,467 for the period of October 1, 
2004, through July 27, 2005" and inserting "$213,799,290 for the 
period of October 1, 2004, through July 30, 2005". 



52 



PUBLIC LAW 10&-40— JULY 28, 2005 119 STAT. 417 

(b) Motor Carrier Safety Assistance Program. — Section 
31104(a)(8) of title 49, United States Code, is amended to read 
as follows: 

"(8) Not more than $140,293,151 for the period of October 
1, 2004, through July 30, 2005.". 

(c) Information Systems and Commercial Driver's License 
Grants. — 

(1) Authorization of appropriation. — Section 31107(a)(6) 
of such title is amended to read as follows: 

"(6) $16,602,740 for the period of October 1, 2004, through 
July 30, 2005.". 

(2) Emergency cdl grants.— Section 7(c)(2) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1153; 
119 Stat. 330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) 
is amended — 

(A) by striking "Jvdy 27" and inserting "July 30"; and 

(B) by striking "$821,918" and inserting "$830,137". 

(d) Crash Causation Study.— Section 7(d) of such Act (118 
Stat. 1154; 119 Stat. 330; 119 Stat. 346; 119 Stat. 379; 119 Stat. 
394) is amended — 

(1) by striking "$821,918" and inserting "$830,137"; and 

(2) by striking "July 27" and inserting "July 30". 

SEC. 7. EXTENSION OF FEDERAL TRANSIT PROGRAMS. 

(a) Allocating Amounts. — Section 5309(m) of title 49, United 
States Code, is amended — 

(1) in the matter preceding subparagraph (A) of paragraph 
(1) by striking "July 27, 2005" and inserting "July 30, 2005"; 

(2) in paragraph (2)(B)(iii)— 

(A) in the heading by striking "JULY 27, 2005" and 
inserting "JULY 30, 2005"; 

(B) by striking "$8,547,000" and inserting "$8,550,000"; 
and 

(C) by striking "July 27, 2005" and inserting "July 
30, 2005"; 

(3) in paragraph (3XB)— 

(A) by striking "$2,465,754" and inserting "$2,470,000"; 
and 

(B) by striking "July 27, 2005" and inserting "July 
30, 2005"; and 

(4) in paragraph (3XC) — 

(A) by striking "$41,095,900" and inserting 
"$41,506,850"; and 

(B) by striking "July 27, 2005" and inserting "July 
30, 2005". 

(b) Formula Grants Authorizations. — Section 5338(a) of title 
49, United States Code, is amended — 

(1) in the heading to paragraph (2) by striking "JULY 27, 
2005" and inserting "JULY 30, 2005"; 

(2) in paragraph (2)(A)(vii)— 

(A) by striking "$2,795,000,000" and inserting 
"$2,796,817,658"; and 

(B) by striking "July 27, 2005" and inserting "July 
30, 2005"; 

(3) in paragraph (2KB)(vii) by striking "July 27, 2005" 
and inserting "July 30, 2005"; and 



53 



119 STAT. 418 PUBLIC LAW 109-40-^JULY 28, 2005 

(4) in paragraph (2)(C) by striking "July 27, 2005" and 
inserting "July 30, 2005". 

(c) Formula Grant Funds. — Section 8{d) of the Surface 
Transportation Extension Act of 2004, Part V (118 Stat. 1155; 
119 Stat. 331; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended — 

(1) in the heading by striking "JULY 27, 2005" and inserting 
"July 30, 2005"; 

(2) in the matter preceding paragraph (1) by striking "July 
27, 2005" and inserting "July 30, 2005"; 

(3) in paragraph (1) by striking "$3,986,261" and inserting 
"$4,026,123"; 

(4) in paragraph (2) by striking "$41,095,900" and inserting 
"$41,506,850"; 

(5) in paragraph (3) by striking "$79,100,000" and inserting 
"$79,102,926"; 

(6) in paragraph (4) by striking "$210,000,000" and 
inserting "$212,000,000"; and 

(7) in paragraph (5) by striking "$5,712,330" and inserting 
"$5,769,452". 

(d) Capital Program Authorizations. — Section 5338(b)(2) of 
title 49, United States Code, is amended — 

(1) in the heading by striking "JULY 27, 2005" and inserting 

"JULY 30, 2005"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$2,309,000,366" and inserting 
"$2,336,442,169"; and 

(B) by striking "July 27, 2005" and inserting "July 
30, 2005"; and 

(3) in subparagraph (B)(vii) by striking "Jtdy 27, 2005" 
and inserting "July 30, 2005". 

(e) Planning Authorizations and Allocations. — Section 
5338(c)(2) of title 49, United States Code, is amended— 

(1) in the heading by striking "JULY 27, 2005" and inserting 

"JULY 30, 2005"; 

(2) in subparagraph (AXvii) — 

(A) by striking "$49,546,681" and inserting 
"$50,146,668"; and 

(B) by striking "July 27, 2005" and inserting "July 
30, 2005"; and 

(3) in subparagraph (B)(vii) by striking "July 27, 2005" 
and inserting "Jvdy 30, 2005". 

(f) Research Authorizations. — Section 5338(d)(2) of title 49, 
United States Code, is amended — 

(1) in the heading by striking "JULY 27, 2005" and inserting 

"JULY 30, 2005"; 

(2) in subpEU-agraph (A)(vii) — 

(A) by striking "$39,554,804" and inserting 
"$39,950,343"; and 

(B) by striking "Jvdy 27, 2005" and inserting "July 
30 2005"" 

(3) in subparagraph (B)(vii) by striking "July 27, 2005" 
and inserting "July 30, 2005"; and 

(4) in subparagraph (C) by striking "July 27, 2005" and 
inserting "July 30, 2005". 

(g) Allocation of Research Funds. — Section 8(h) of the Sur- 
face Transportation Extension Act of 2004, Part V (118 Stat. 1156; 



54 



PUBLIC LAW 109-40— JULY 28, 2005 119 STAT. 419 

119 Stat. 332; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended — 

(1) in the heading by striking "JULY 27, 2005" and inserting 
"July 30, 2005"; 

(2) in the matter preceding paragraph (1) by striking "July 
27, 2005" and inserting "July 30, 2005"; 

(3) in paragraph (1) by striking "$4,315,070" and inserting 
"$4,358,219"; 

(4) in paragraph (2) by striking "$6,780,824" and inserting 
"$6,848,630"; and 

(5) in paragraph (3) — 

(A) by striking "$3,287,672" and inserting "$3,320,548"; 
and 

(B) by striking "$821,918" and inserting "$830,137". 
(h) University Transportation Research Authorizations. — 

Section 5338(e)(2) of title 49, United States Code, is amended — 

(1) in the heading by striking "JULY 27, 2005" and inserting 

"JULY 30, 2005"; 

(2) in subparagraph (A) — 

(A) by striking "$4,131,508" and inserting "$4,180,822"; 
and 

(B) by striking "July 27, 2005" and inserting "July 
30, 2005"; 

(3) in subparagraph (B) by striking "July 27, 2005" and 
inserting "July 30, 2005"; and 

(4) in subparagraphs (CXi) and (C)(iii) by striking "July 
27, 2005" and inserting "July 30, 2005". 

(i) Allocation of University Transportation Research 
Funds.— 

(1) In general. — Section 8(j) of the Surface Transportation 
Extension Act of 2004, Part V (118 Stat. 1157; 119 Stat. 332; 
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended— 

(A) in the matter preceding subparagraph (A) of para- 
graph (1) by striking "July 27, 2005" and inserting "July 
30, 2005"; 

(B) in paragraph (1)(A) by striking "$1,643,836" and 
inserting "$1,660,274"; 

(C) in paragraph (1)(B) by striking "$1,643,836" and 
inserting "$1,660,274"; and 

(D) in paragraph (2) by striking "July 27, 2005" and 
inserting "July 30, 2005". 

(2) Conforming amendment.— Section 3015(d)(2) of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 
5338 note; 112 Stat. 857; 118 Stat. 1157; 119 Stat. 332; 119 
Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by striking 
"July 27, 2005" and inserting "July 30, 2005". 

(j) Administration Authorizations. — Section 5338(0(2) of title 
49, United States Code, is amended — 

(1) in the heading by striking "JULY 27, 2005" and inserting 

"JULY 30, 2005"; 

(2) in subparagraph (AXvii) — 

(A) by striking "$53,709,604" and inserting 
"$54,350,686"; and 

(B) by striking "July 27, 2005" and inserting "July 
30, 2005"; and 

(3) in subparagraph (B)(vii) by striking "July 27, 2005" 
and inserting "July 30, 2005". 



5S 



119 STAT. 420 PUBLIC LAW 109-40-^JULY 28, 2005 

(k) Job Access and Reverse Commute Program. — Section 
3037(1) of the Transportation Equity Act for the 21st Century (49 
U.S.C. 5309 note; 112 Stat. 391; 118 Stat. 1157; 119 Stat. 333; 
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended— 
(1) in paragraph (lXA)(vii) — 

(A) by striking "$82,739,750" and inserting 
"$83,767,125"; and 

(B) by striking "July 27, 2005" and inserting "July 
30 2005"' 

(2)' in paragraph (l)(B)(vii) by striking "July 27, 2005" 
and inserting "July 30, 2005"; and 

(3) in paragraph (2) by striking "July 27, 2005, not more 
than $8,219,180" and inserting "July 30, 2005, not more than 
$8,301,370". 

(1) Rural Transportation Accessibility Incentive Pro- 
gram. — Section 3038(g) of the Transportation Equity Act for the 
21st Century (49 U.S.C. 5310 note; 112 Stat. 393; 118 Stat. 1158; 
Ante.p.m. 119 Stat. 333; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 

amended — 

(1) by striking paragraph (1)(G) and inserting the following: 

"(G) $5,769,452 for the period of October 1, 2004, 
through July 30, 2005."; and 

(2) in paragraph (2) — 

(A) by striking "$1,428,082" and inserting "$1,428,124"; 
and 

(B) by striking "July 27, 2005" and inserting "July 
30, 2005". 

(m) Urbanized Area Formula Grants. — Section 5307(bX2) 
of title 49, United States Code, is amended — 

(1) in the heading by striking "JULY 27, 2005" and inserting 
"JULY 30, 2005"; and 

(2) in subparagraph (A) by striking "July 27, 2005" and 
inserting "July 30, 2005". 

(n) Obligation Ceiling. — Section 3040(7) of the Transportation 
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 1158; 
119 Stat. 333; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
Eimended — 

(1) by striking "$6,335,343,944" and inserting 
"$6,398,695,996"; and 

(2) by striking "July 27, 2005" and inserting "July 30, 
2005". 

(o) Fuel Cell Bus and Bus Facilities Program. — Section 
3015(b) of the Transportation Equity Act for the 21st Century 
(112 Stat. 361; 118 Stat. 1158; 119 Stat. 333; 119 Stat, 346; 119 
Stat. 379; 119 Stat. 394) is amended— 

(1) by striking "July 27, 2005" and inserting "July 30, 
2005"; and 

(2) by striking "$3,986,000" and inserting "$4,026,164". 

(p) Advanced Technology Pilot Project.— Section 3015(c)(2) 
of the Transportation Equity Act for the 21st Century (49 U.S.C. 
322 note; 112 Stat. 361; 118 Stat. 1158; 119 Stat. 334; 119 Stat. 
346; 119 Stat. 379; 119 Stat. 394) is amended— 

(1) by striking "July 27, 2005" and inserting "July 30, 
2005,"; and 

(2) by striking "$4,100,000" and inserting "$4,150,685". 

(q) Projects for New Fixed Guideway Systems and Exten- 
sions to Existing Systems.— Subsections (a), (b), and (cXD of 



56 



PUBLIC LAW 109-40-^njLY 28, 2005 119 STAT. 421 

section 3030 of the Transportation Equity Act for the 21st Century 
(112 Stat. 373; 118 Stat. 1158; 119 Stat. 334; 119 Stat. 346; 119 
Stat. 379; 119 Stat. 394) are amended by striking "July 27, 2005" 
and inserting "July 30, 2005". 

(r) New Jersey Urban Core Project. — Subparagraphs (A), 
(B), and (C) of section 3031{aX3) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2122; 118 Stat. 
1158; 119 Stat. 334; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) 
are amended by striking "July 27, 2005" and inserting "July 30, 
2005". 

(s) Local Share. — Section 3011(a) of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5307 note; 118 Stat. 1158; 
119 Stat. 334; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 
amended by striking "July 27, 2005" and inserting "July 30, 2005". 

SEC. 8. SPORT FISHING AND BOATING SAFETY. 

(a) Funding for National Outreach and Communications 
Program. — Section 4(c)(7) of the Dingell-Johnson Sport Fish Res- 
toration Act (16 U.S.C. 777c(c)) is amended to read as follows: 

"(7) $8,301,370 for the period of October 1, 2004, through 
July 30, 2005;". 

(b) Clean Vessel Act Funding. — Section 4(b)(4) of such Act 
(16 U.S.C. 777c(b)(4)) is amended to read as follows: 

"(4) First 303 days of fiscal year 2005.— For the period 
of October 1, 2004, through July 30, 2005, of the balance 
of each annual appropriation remaining after meiking the dis- 
tribution under subsection (a), an amount equal to $68,071,233, 
reduced by 82 percent of the amount appropriated for that 
fiscal year from the Boat Safety Account of the Aquatic 
Resources Trust Fund established by section 9504 of the 
Internal Revenue Code of 1986 to carry out the pvirposes of 
section 13106(a) of title 46, United States Code, shall be used 
as follows: 

"(A) $8,301,370 shall be available to the Secretary of 
the Interior for 3 fiscal years for obligation for quahiied 
projects under section 5604(c) of the Clean Vessel Act of 
1992 (33 U.S.C. 1322 note). 

"(B) $6,641,096 shall be available to the Secretary of 
the Interior for 3 fiscal years for obHgation for quaUfied 
projects iinder section 7404(d) of the Sportfishing zmd 
Boating Safety Act of 1998 (16 U.S.C. 777g-l(d)). 

"(C) The balance remaining after the application of 
subparagraphs (A) and (B) shall be transferred to the Sec- 
retary of Transportation and shall be expended for State 
recreational boating safety programs under section 13106 
of title 46, United States Code.". 

(c) Boat Safety Funds.— Section 13106(c) of title 46, United 
States Code, is amended — 

(1) by striking "$4,100,000" and inserting "$4,150,685"; and 

(2) by striking "$1,643,836" and hiserting "$1,660,274". 

SEC. 9. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS 
FOR OBLIGATIONS UNDER TEA-21. 

(a) Highway Trust Fund.— 

(1) In general.— Paragraph (1) of section 9503(c) of the 
Internal Revenue Code of 1986 is amended — 26 USC 9503. 

(A) in the matter before subparagraph (A), by striking 

"July 28, 2005" and inserting "July 31, 2005"; 



57 



119 STAT. 422 PUBLIC LAW 109-40-JULY 28, 2005 

(B) by striking "or" at the end of subparagraph (N); 

(C) by striking the period at the end of subparagraph 

(0) and inserting ", or"; 

(D) by inserting aifter subparagraph (O) the following 
new subparagraph: 

"(P) authorized to be paid out of the Highway Trust 
Fund under the Surface Transportation Extension Act of 
2005, Part v."; and 

(E) in the matter after subparagraph (P), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2005, Part IV" and inserting "Surface 
Transportation Extension Act of 2005, Part V". 

(2) Mass transit account. — Paragraph (3) of section 
9503(e) of such Code is amended — 

(A) in the matter before subparagraph (A), by striking 
"July 28, 2005" and inserting "July 31, 2005"; 

(B) in subparagraph (L), by striking "or" at the end 
of such subparagraph; 

(C) in subparagraph (M), by inserting "or" at the end 
of such subparagraph; 

(D) by inserting after subparagraph (M) the following 
new subparagraph: 

"(N) the Surface Transportation Extension Act of 2005, 
Part V,"; and 

(E) in the matter after subparagraph (N), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2005, Part IV" and inserting "Surface 
Transportation Extension Act of 2005, Part V. 

(3) Exception to limitation on transfers. — Subpara- 
graph (B) of section 9503(bK6) of such Code is amended by 
striking "July 28, 2005" and inserting "July 31, 2005". 

(b) Aquatic Resources Trust Fund. — 

(1) Sport fish restoration account. — Paragraph (2) of 
26 use 9504. section 9504(b) of the Internal Revenue Code of 1986 is 

amended by striking "Surface Transportation Extension Act 
of 2005, Part IV" each place it appears and inserting "Surface 
Transportation Extension Act of 2005, Part V". 

(2) Boat safety account. — Subsection (c) of section 9504 
of such Code is amended — 

(A) by striking "July 28, 2005" and inserting "July 
31, 2005"; and 

(B) by striking "Surface Transportation Extension Act 
of 2005, Part IV" and inserting "Surface Transportation 
Extension Act of 2005, Part V". 

(3) Exception to limitation on transfers.— Paragraph 
(2) of section 9504(d) of such Code is amended by striking 
"July 28, 2005" and inserting "July 31, 2005". 

26 use 9503 (c) EFFECTIVE DATE. — ^The amendments made by this section 

oote. shall take effect on the date of the enactment of this Act. 

(d) Temporary Rule Regarding Adjustments. — During the 
period beginning on the date of the enactment of the Surface 
Transportation Extension Act of 2003 and ending on July 30, 2005, 
for purposes of making any estimate \mder section 9503(d) of the 
Internal Revenue Code of 1986 of receipts of the Highway Trust 
Fund, the Secretary of the Treasury shall treat — 



58 



PUBLIC LAW 109-40— JULY 28, 2005 119 STAT. 423 

(1) each expiring provision of paragraphs (1) through (4) 
of section 9503(b) of such Code which is related to appropria- 
tions or transfers to such Fund to have been extended through 
the end of the 24-month period referred to in section 
9503(d)(1)(B) of such Code; and 

(2) with respect to each tax imposed under the sections 
referred to in section 9503(b)(1) of such Code, the rate of such 
tax during the 24-month period referred to in section 
9503(d)(1)(B) of such Code to be the same as the rate of such 
tax as in effect on the date of the enactment of the Surface 
Transportation Extension Act of 2003. 

Approved July 28, 2005. 



LEGISLATIVE fflSTORY— H.R. 3453: 

CONGRESSIONAL RECORD, Vol. 151 (2005): 

July 27, considered and passed House and Senate. 



o 



59 



PUBLIC LAW 109^2-^rULY 30, 2005 119 STAT. 435 



Public Law 109-42 
109th Congress 

An Act 

To provide an extension of administrative expenses for highway, highway safety, 
motor carrier safety, transit, and other programs funded out of the Highway July 30, 2005 
Trust Fund pending enactment of a law reauthorizing the Transportation Equity [H R. 35121 

Act for the 21st Century. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Surface 

Transportation 
SECTION 1. SHORT TITLE. Extension Act of 

™„ . . , . , , «,^ ^ rr, . ^ . 2005, Part VI. 

This Act may be cited as the Surface Transportation Extension 23 USC 101 note. 

Act of 2005, Part VT'. 

SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PRO- 
GRAM. 

(a) Authorization of Contract Authority. — Section 4(a) of 
the Surface Transportation Extension Act of 2004, Part V (118 

Stat. 1147, 119 Stat. 325) is amended by striking "$292,179,920" Ante, v- An. 
and inserting "$309,260,880". 

(b) Limitation on Obligations. — Of the obUgation limitation 
made available for Federal-aid highways and highway safety 
construction programs for fiscal year 2005 by division H of Public 
Law 108-447 (118 Stat. 3204) not more than $17,080,960 shall 
be available, in addition to any obligation limitation previously 
provided, for administrative expenses of the Federal Highway 
Administration for the period of July 30, 2005, through August 
14, 2005. 

(b) Conforming Amendment. — Section 2(e)(3) of such Act (118 
Stat. 1146, 119 Stat. 325) is amended by striking "July 30" and Ante, p. 412. 
inserting "August 14". 

SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY 
TRAFFIC SAFETY ADMINISTRATION. 

(a) In General. — There shall be available from the Highway 
Trust Fund (other than the Mass Transit Account) for the Secretary 
of Transportation to pay the administrative expenses of the National 
Highway Traffic Administration in carrying out the highway safety 
programs authorized by sections 157 and 163 of chapter 1 of title 
23, United States Code, and sections 402, 403, 405, and 410 of 
chapter 4 of such title, the National Driver Register under chapter 
303 of title 49, United States Code, the motor vehicle safety program 
under chapter 301 of such title 49, and the motor vehicle informa- 
tion and cost savings program under part C of subtitle VI of such 
title 49 $4,125,000 for the period of July 30, 2005, through August 
14, 2005. 



60 



119 STAT. 436 PUBLIC LAW 109-42— JULY 30, 2005 

(b) Contract Authority. — ^Fiinds made available by this sec- 
tion shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United 
States Code; except that such funds shall remain available until 
expended. 

SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY 
ADMINISTRATION PROGRAM. 

Section 7(a)(1) of the Surface Transportation Extension Act 
Ante, p. 416. of 2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended— 

(1) by striking "$213,799,290" and inserting "$224,383,414"; 
£Lnd 

(2) by striking "July 30" and inserting "August 14". 

SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PRO- 
GRAMS. 

(a) Authorization of Appropriations. — Section 5338(fK2) of 
title 49, United States Code, is amended — 

(1) in the heading by striking "JULY 3o" and inserting 
"AUGUST 14"; 

(2) in subparagraph (A)(vii) — 

(A) by striking "$54,350,686" and inserting 
"$57,650,686"; and 

(B) by striking "July 30" and inserting "August 14"; 
and 

(3) in subparagraph (B)(vii) by striking "July 30" and 
inserting "August 14". 

(b) Obligation Ceiling. — Section 3040(7) of the Transportation 
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885; 

Ante, p. 420. 118 Stat. 1158; 119 Stat. 333) is amended— 

(1) by striking "$6,398,695,996" and inserting 
"$6,401,995,996"; and 

(2) by striking "July 30" and inserting "August 14". 

SEC. 6. BUREAU OF TRANSPORTATION STATISTICS. 

(a) In General.— Section 5001(a)(4) of the Transportation 
Equity Act for the 21st Century (112 Stat. 420; 118 Stat. 1150; 

Ante. p. 413. 119 Stat. 327; 119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is 

amended by striking "$25,73(),000 for the period of October 1, 
2004, through July 30, 2005" and inserting "$27,000,000 for the 
period of October 1, 2004, through August 14, 2005". 

(b) Limitation on Obligations. — Of the obligation limitation 
made available for Federal-aid highways and highway safety 
construction programs for fiscal year 2005 by division H of Public 
Law 108-447 (118 Stat. 3204) not more than $1,270,000 shall 
be available, in addition to any obligation Umitation previously 
provided, for administrative expenses of the Bureau of Transpor- 
tation Statistics for the period of Jidy 30, 2005, through August 
14, 2005. 

SEC. 7. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS 
FOR OBUGATIONS UNDER TEA-21. 

(a) Highway Trust Fund. — 

(1) In general.— Paragraph (1) of section 9503(c) of the 
26 use 9503. Internal Revenue Code of 1986 is amended — 

(A) in the matter before subparagraph (A), by striking 
"July 31, 2005" and inserting "August 15, 2005", 

(B) by striking "or" at the end of subparagraph (O), 



61 



PUBLIC LAW 109-42-JULY 30, 2005 119 STAT. 437 

(C) by striking the period at the end of subparagraph 
(P) and inserting ", or", 

(D) by inserting after subparagraph (P) the following 
new subparagraph: 

"(Q) authorized to be paid out of the Highway Trust 
Fund vmder the Surface Transportation Extension Act of 
2005, Part VI.", and 

(E) in the matter after subparagraph (Q), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2005, Part V" and inserting "Surface 
Transportation Extension Act of 2005, Part VX". 

(2) Mass transit account.— Paragraph (3) of section 
9503(e) of such Code is amended — 

(A) in the matter before subparagraph (A), by striking 
"July 31, 2005" and inserting "August 15, 2005", 

(B) in subparagraph (M), by striking "or" at the end 
of such subparagraph, 

(C) in subparagraph (N), by inserting "or" at the end 
of such subparagraph, 

(D) by inserting after subparagraph (N) the following 
new subparagraph: 

"(O) the Surface Transportation Extension Act of 2005, 
Part VI,", and 

(E) in the matter aft«r subparagraph (O), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2005, Part V" and inserting "Surface 
Transportation Extension Act of 2005, Part VI". 

(3) Exception to limitation on transfers. — Subpara- 
graph (B) of section 9503(b)(6) of such Code is amended by 
adding at the end the following: "The preceding sentence shall 
be applied by substituting 'August 15, 2005' for the date 
therein.". 

(b) Aquatic Resources Trust Fund. — 

(1) Sport fish restoration ACCOUNT.^Paragraph (2) of 

section 9504(b) of the Internal Revenue Code of 1986 is 26USC9504. 
amended by adding at the end the following: "Subparagraphs 
(A), (B), and (C) shall each be applied by substituting 'Svuface 
Transportation Extension Act of 2005, Part VI' for 'Surface 
Transportation Extension Act of 2005, Part V.". 

(2) Boat safety account.— Subsection (c) of section 9504 
of such Code is amended — 

(A) by striking "July 31, 2005" and inserting "August 
15, 2005", and 

(B) by striking "Surface Transjportation Extension Act 
of 2005, Part V" and inserting Surface Transportation 
Extension Act of 2005, Part VI". 

(3) Exception to limitation on transfers. — Paragraph 
(2) of section 9504(d) of such Code is amended by adding 

at the end the following new sentence: "The preceding sentence Applicability, 
shall be appUed by substituting 'August 15, 2005' for the date 
therein.". 

(c) Temporary Rule Regarding Adjustments.— During the 
period beginning on the date of the enactment of the Surface 
Transportation Extension Act of 2003 and ending on August 14, 
2005, for purposes of making any estimate under section 9503(d) 
of the Internal Revenue Code of 1986 of receipts of the Highway 
Trust Fund, the Secretary of the Treasury shall treat — 



62 



119 STAT. 438 PUBLIC LAW 109-42— JULY 30, 2005 

(1) each expiring provision of pairagraphs (1) through (4) 
of section 9503(b) of such Code which is related to appropria- 
tions or transfers to such Fund to have been extended through 
the end of the 24-month period referred to in section 
9503(d)(1)(B) of such Code, and 

(2) with respect to each tax imposed under the sections 
referred to in section 9503(b)(1) of such Code, the rate of such 
tax during the 24-month period referred to in section 
9503(d)(1)(B) of such Code to be the same as the rate of such 
tax as in effect on the date of the enactment of the Surface 
Transportation Extension Act of 2003. 

(d) Subsequent Repeal of Certain Temporary Provisions. — 
Each of the following provisions of the Internal Revenue Code 
of 1986 are amended by striking the last sentence thereof: 

26 use 9503. ( 1) Section 9503(b)(6)(B). 

26 use 9504. (2) Section 9504(b)(2). 

(3) Section 9504(d)(2). 
26 use 9503 (e) Effective Date. — 

note- (1) In general. — Except as provided in paragraph (2), the 

amendments made by this section shall take effect on the 
date of the enactment of this Act. 

(2) Subsequent repeal. — The amendments made by sub- 
section (d) shall take effect on the date of the enactment of 
the Safe, Accovmtable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users and shall be executed immediately 
before the amendments made by such Act. 

Approved July 30, 2005. 



legislative mSTORY — H.R. 3512: 

CONGRESSIONAL RECORD, Vol. 151 (2005): 

July 29, considered and parsed House and Senate. 



o 



63 



PUBLIC LAW 109-45— AUG. 2, 2005 119 STAT. 445 



Public Law 109-45 
109th Congress 

An Act 

To further the purposes of the Sand Creek Massacre National Historic Site Establish- Aug. 2, 2005 

ment Act of 2000. [H.R. 481] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Sand Creek 

Massacre 
SECTION 1. SHORT TITLE. National Historic 

Trust Act of 
This Act may be cited as the "Sand Creek Massacre National 2005. 
Historic Site Trust Act of 2005". 16 USC 461 note. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Facxlity. — ^The term "facility" means any structure, 
utility, road, or sign constructed on the trust property on or 
after the date of enactment of this Act. 

(2) Improvement. — ^The term "improvement" means — 

(A) a 1,625 square foot 1-story ranch house, built in 
1952, located in the SW quarter of sec. 30, T. 17 S., R. 
45 W., sixth principal meridian; 

(B) a 3,600 square foot metal-constructed shop 
building, built in 1975, located in the SW quarter of sec. 
30, T. 17 S., R. 45 W., sixth principal meridian; 

(C) a hvestock corral and shelter; and 

(D) a water system and wastewater system with all 
associated utility connections. 

(3) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

(4) Tribe. — ^The term "Tribe" means the Cheyenne and 
Arapaho Tribes of Oklahoma, a federally recognized Indietn 
tribe. 

(5) Trust property. — The term "trust property" means 
the real property, including rights to all minerals, and excluding 
the improvements, formerly known as the 'T)awson Ranch", 
consisting of approximately 1,465 total acres presently under 
the jurisdiction of the Tribe, situated within Kiowa County, 
Colorado, and more particularly described as follows: 

(A) The portion of sec. 24, T. 17 S., R. 46 W., sixth 
principal meridian, that is the Eastern half of the NW 
quarter, the SW quEirter of the NE quarter, the NW quarter 
of the SE quarter, sixth principal meridian. 

(B) All of sec. 25, T. 17 S., R. 46 W., sixth principal 
meridian. 

(C) All of sec. 30, T. 17 S., R. 45 W., sixth principal 
meridian. 



64 



119 STAT. 446 



PUBLIC LAW 109-45— AUG. 2, 2005 



Deadline. 



Federal Register, 
publication. 



SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR THE CHEY- 
ENNE AND ARAPAHO TRIBES OF OKLAHOMA. 

(a) Land Held in Trust for the Cheyenne and Arapaho 
Tribes of Oklahoma. — On conveyeince of title to the trust property 
by the Tribe to the United States, without any further action 
by the Secretary, the trust property shall be held in trust for 
the benefit of the Tribe. 

(b) Trust. — ^All right, title, and interest of the United States 
in and to the trust property, except any facilities constructed under 
section 4(b), are declared to be held by the United States in trust 
for the Tribe. 

SEC. 4. IMPROVEMENTS AND FAdLlTIES. 

(a) Improvements. — ^The Secretary may acquire by donation 
the improvements in fee. 

(b) Facilities.— 

(1) In general. — ^The Secretary may construct a facility 
on the trust property only after consulting with, soliciting 
advice from, and obtaining the agreement of, the Tribe, the 
Northern Cheyenne Tribe, and the Northern Arapaho Tribe. 

(2) Ownership. — Facilities constructed with Federal funds 
or fiinds donated to the United States shall be owned in fee 
by the United States. 

(c) Federal Funds. — ^For the purposes of the construction, 
maintenance, or demolition of improvements or facilities, Federal 
funds shall be expended only on improvements or facilities that 
are owned in fee by the United States. 

SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION. 

(a) Survey of Boundary Line. — ^To accurately establish the 
boundary of the trust property, not later than 180 days aft«r the 
date of enactment of this Act, the Secreteuy shall cause a survey 
to be conducted by the Office of Cadastral Survey of the Bureau 
of Land Management of the boundary lines described in section 
2(5). 

(b) PUBUCATION OF LAND DESCRIPTION. — 

(1) In general. — On completion of the survey imder sub- 
section (a), and acceptance of the survey by the representatives 
of the Tribe, the Secretary shall cause the full metes and 
bounds description of the lines, with a full and accurate descrip- 
tion of the trust property, to be published in the FedereQ Reg- 
ister. 

(2) Effect. — ^The description shall, on publication, con- 
stitute the official description of the trust property. 

SEC. 6. ADMINISTRATION OF TRUST PROPERTY. 

(a) In General. — The trust property shall be administered 
in perpetuity by the Secretary as part of the Sand Creek Massacre 
National Historic Site, only for historical, traditional, cultural, and 
other uses in accordance with the Sand Creek Massacre Nationed 
Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; Public 
Law 106-465). 

(b) ACCESS FOR Administration.— For purposes of administra- 
tion, the Secretary shall have access to the trust property, improve- 
ments, and facilities as necessary for management of the Sand 
Creek Massacre National Historic Site in accordance with the Sand 
Creek Massacre National Historic Site Establishment Act of 2000 
(16 U.S.C. 461 note; Public Law 106-465). 



65 



PUBLIC LAW 109-45— AUG. 2, 2005 119 STAT. 447 

(c) Duty of the Secretary.— The Secretary shall take such 
action as is necessary to ensure that the trust property is used 
only in accordance with this section. 

(d) Savings Provision. — Nothing in this Act supersedes the 
laws and policies governing imits of the National Park System. 

SEC. 7. ACQUISITION OF PROPERTY, 

Section 6(a)(2) of the Sand Creek Massacre National Historic 
Site Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 
106—465) is amended by inserting "or exchange" after "only by 
donation". 

Approved August 2, 2005. 



LEGISLATIVE fflSTORY— H.R. 481 (S. 57): 

HOUSE REPORTS: No. 10^107 (Comm. on Resources). 

SENATE REPORTS: No. 109-20 (Conun. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 151 (2005): 

June 27, considered and pfissed House. 

July 26, considered and passed Senate. 



o 



66 



PUBLIC LAW 109-54— AUG. 2, 2005 



119 STAT. 499 



Public Law 109-54 
109th Congress 



An Act 



Making appropriations for the Department of the Interior, environment, and related 
agencies for the fiscal year ending September 30, 2006, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
foUowing sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the Depari;ment of the Interior, 
environment, and related agencies for the fisced year ending Sep- 
tember 30, 2006, and for other purposes, namely: 

TITLE I— DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

management of lands and resources 

For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisi- 
tion of easements Euid other interests in lands, and performance 
of other functions, including maintenance of facilities, as authorized 
by law, in the management of lands and their resources under 
the jurisdiction of the Bureau of Land Management, including the 
general administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96—487 (16 U.S.C. 
3150(a)), $860,791,000, to remain available until expended, of which 
$1,250,000 is for high priority projects, to be carried out by the 
Youth Conservation Corps; and of which $3,000,000 shall be avail- 
able in fiscal year 2006 subject to a match by at least Etn equal 
amount by the National Fish and Wildlife Foundation for cost- 
shared projects supporting conservation of Bureau lands; and such 
funds shall be advanced to the Foundation as a lump sum grant 
without regard to when expenses are incurred. 

In addition, $32,696,000 is for Mining Law Administration pro- 
gram operations, including the cost of administering the mining 
claim fee program; to remain available until expended, to be reduced 
by amounts collected by the Bureau and credited to this appropria- 
tion fi'om annual mining claim fees so as to result in a final 
appropriation estimated at not more than $860,791,000, and 
$2,000,000, to remain available until expended, fi-om communication 
site rental fees estabhshed by the Bureau for the cost of admin- 
istering communication site activities. 



Aug. 2, 2005 
[H.R. 2361] 



Department of 
the Interior, 
Environment, 
and Related 
Agencies 
Appropriations 
Act, 2006. 



67 



PUBLIC LAW 109-54— AUG. 2, 2005 119 STAT. 507 

National Park Service 

operation of the national park system 

For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National 
Park Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administra- 
tion of the National Park Service, $1,744,074,000, of which 
$9,892,000 is for planning and interagency coordination in support 
of Everclades restoration and shall remain available until expended; 
of which $97,600,000, to remain available until September 30, 2007, 
is for maintenance, repair or rehabilitation projects for constructed 
assets, operation of the National Park Service automated facihty 
management software system, and comprehensive facility condition 
assessments; and of which $2,000,000 is for the Youth Conservation 
Corps for high priority projects: Provided, That the only funds 
in this account which may be made available to support United 
States Park Police are those funds approved for emergency law 
and order incidents pursuant to established National Park Service 
procedures, those funds needed to maintain and repair United 
States Park Police administrative facilities, and those fiinds nec- 
essary to reimburse the United States Park Police account for 
the unbudgeted overtime and travel costs associated with special 
events for an amount not to exceed $10,000 per event subject 
to the review and concurrence of the Washington headquarters 
office. 

UNITED STATES PARK POLICE 

For expenses necessary to carry out the programs of the United 
States Park PoUce, $81,411,000. 

NATIONAL RECREATION AND PRESERVATION 

For expenses necessary to carry out recreation programs, nat- 
ural programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant adminis- 
tration, not otherwise provided for, $54,965,000: Provided, That 
none of the funds in this Act for the River, Trails and Conservation 
Assistance program may be used for cash agreements, or for 
cooperative agreements that are inconsistent with the program's 
final strategic plan. 

HISTORIC PRESERVATION FUND 

For expenses necessary in carrying out the Historic Preserva- 
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 
Parks and PubUc Lands Management Act of 1996 (Public Law 
104-333), $73,250,000, to be derived from the Historic Preservation 
Fund and to remain available until September 30, 2007, of which 
$30,000,000 shall be for Save America's Treasures for preservation 
of nationally significant sites, structures, and artifacts: Provided, 
That not to exceed $5,000,000 of the amount provided for Save 
America's Treasures may be for Preserve America grants to States, 
Tribes, and local communities for projects that preserve important 
historic resources through the promotion of heritage toiuism: Pro- 
vided further, That £iny individual Save America's Treasures or 



68 



119 STAT. 508 PUBLIC LAW 109-54— AUG. 2, 2005 

Preserve America grant shall be matched by non-Federal funds: 
Provided further, That individual projects shall only be eligible 
for one grant: Provided further, Tnat all projects to be funded 
shall be approved by the Secretary of the Interior in consultation 
with the House and Senate Committees on Appropriations, and 
in consultation with the President's Committee on the Arts and 
HumEinities prior to the commitment of Save America's Treasures 
grant funds and with the Advisory Council on Historic Preservation 
prior to the commitment of Preserve America grant funds: Provided 
further. That Save America's Treasures funds allocated for Federeil 
projects, following approval, shall be available by transfer to appro- 
priate accounts of individual agencies. 

CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 

For construction, improvements, repair or replacement of phys- 
ical faciUties, including the modifications authorized by section 
104 of the Everglades National Park Protection and Expansion 
Act of 1989, $301,291,000, to remain available imtil expended, 
of which $17,000,000 for modified water deliveries to Everglades 
National Park shall be derived by transfer from unobligated bal- 
ances in the "Land Acquisition and State Assistance" account for 
Everglades National Park land acquisitions, and of which $400,000 
for the Mark Twain Boyhood Home National Historic Landmark 
shall be derived from the Historic Preservation Fund pursuant 
to 16 U.S.C. 470a: Provided, That none of the funds available 
to the National Park Service may be used to plein, design, or 
construct any partnership project with a total value in excess of 
$5,000,000, without advance approval of the House and Senate 
Committees on Appropriations: Provided further. That notwith- 
standing any other provision of law, the National Park Service 
may not accept donations or services associated with the planning, 
design, or construction of such new facilities without advance 
appro vad of the House and Senate Committees on Appropriations: 
Provided further, That funds provided under this heading for 
implementation of modified water deliveries to Everglades National 
Park shall be expended consistent with the requirements of the 
fifth proviso imder this heading in Public Law 108-108: Provided 
further, That funds provided under this heading for implementation 
of modified water deliveries to Everglades National Park shall 
be available for obligation only if matching funds are appropriated 
to the Army Corps of Engineers for the same purpose: Provided 
further. That none of the funds provided under this heading for 
implementation of modified water deliveries to Everglades National 
Park shall be available for obligation if any of the funds appro- 
priated to the Army Corps of Engineers for the purpose of imple- 
menting modified water dehveries, including finalizing detailed 
engineering and design documents for a bridge or series of bridges 
for the Tamiami Trail component of the project, becomes unavEiilable 
for obligation: Provided further. That hereinafter notwithstanding 
any other provision of law, procurements for the Movmt Rainier 
National Park Jackson Visitor Center replacement and the 
rehabilitation of Paradise Inn and Annex may be issued which 
include the full scope of the facility: Provided further. That the 
solicitation and contract shall contain the clause "availability of 
funds" found at 48 CFR 52.232.18: Provided further, That none 



69 



PUBLIC LAW 109-54— AUG. 2, 2005 



119 STAT. 509 



of the funds provided in this or any other Act may be used for 
planning, design, or construction of any underground security 
screening or visitor contact facility at the Washington Moniunent 
imtil such facility has been approved in writing by the House 
and Senate Conunittees on Appropriations. 

LAND AND WATER CONSERVATION FUND 
(RESCISSION) 

The contract authority provided for fiscal year 2006 by 16 
U.S.C. 4601-lOa is rescinded. 

LAND ACQUISITION AND STATE ASSISTANCE 

For exjienses necessary to carry out the Land and Water Con- 
servation Act of 1965, as amended (16 U.S.C. 4601-4 through 11), 
including administrative expenses, and for acquisition of lands or 
waters, or interest therein, in accordance with the statutory 
authority appUcable to the National Park Service, $74,824,000, 
to be derived from the Land and Water Conservation Fund and 
to remain available until expended, of which $30,000,000 is for 
tiie State assistance program including $1,587,000 for program 
administration: Provided, That none of the fimds provided for the 
State assistance program may be used to establish a contingency 
fund. 



16 use 460/-10a 
note. 



ADMINISTRATIVE PROVISIONS 

Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 245 passenger motor vehicles, 
of which 199 shall be for replacement only, including not to exceed 
193 for police-type use, 10 buses, and 8 ambulances: Provided, 
That none of the funds appropriated to the National Park Service 
may be used to implement an agreement for the redevelopment 
of the southern end of Ellis Island until such agreement has been 
submitted to the Congress and shall not be implemented prior 
to the expiration of 30 calendar days (not including any day in 
which either House of Congress is not in session because of adjourn- 
ment of more than 3 calendar days to a day certain) from the 
receipt by the Speaker of the House of Representatives and the 
President of the Senate of a full and comprehensive report on 
the development of the southern end of Ellis Island, including 
the facts and circumstances relied upon in support of the proposed 
project: Provided further. That in fiscal year 2006 and thereafter, 
appropriations avciilable to the National Park Service may be used 
to maintain the following areas in Washington, District of Columbia: 
Jackson Place, Madison Place, and Pennsylvania Avenue between 
15th and 17th Streets, Northwest. 

None of the funds in this Act may be spent by the National 
Park Service for activities taken in direct response to the United 
Nations Biodiversity Convention. 

The National Park Service may distribute to operating units 
based on the safety record of each unit the costs of programs 
designed to improve workplace and employee safety, and to encour- 
age employees receiving workers' compensation benefits pursuant 
to chapter 81 of title 5, United States Code, to return to appropriate 
positions for which they are medically able. 



Ellis Island 

Deadline. 

Reports. 



70 



119 STAT. 510 PUBLIC LAW 109-54— AUG. 2, 2005 

If the Secretary of the Interior considers the decision of any 
value determination proceeding conducted under a National Park 
Service concession contract issued prior to November 13, 1998, 
to misinterpret or misapply relevant contractual requirements or 
their underlying legal authority, the Secretary may seek, within 
180 days of any such decision, the de novo review of the value 
determination by the United States Court of Federal Claims, and 
that court may make an order affirming, vacating, modifying or 
correcting the determination. 

In addition to other uses set forth in section 407(d) of Ihiblic 
Law 105-391, franchise fees credited to a sub-account shsdl be 
available for expenditiu-e by the Secretary, without further appro- 
priation, for use at any unit within the National Park System 
to extinguish or reduce liability for Possessory Interest or leasehold 
surrender interest. Such funds may only be used for this purpose 
to the extent that the benefiting unit anticipated franchise fee 
receipts over the term of the contract at that unit exceed the 
amount of funds used to extinguish or reduce liability. Franchise 
fees at the benefiting unit shall be credited to the sub-account 
of the originating unit over a period not to exceed the term of 
a single contract at the benefiting unit, in the amount of funds 
so expended to extinguish or reduce liability. 

United States Geological Survey 

SURVEYS, investigations, AND RESEARCH 

For expenses necessary for the United States Geological Survey 
to perform surveys, investigations, and research covering topog- 
raphy, geology, hydrology, biology, and the mineral and water 
resources of the United States, its territories and possessions, and 
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 
lands as to their mineral and water resources; give engineering 
supervision to power permittees and Federal Energy Regulatory 
Commission hcensees; administer the minerals exploration program 
(30 U.S.C. 641); conduct inquiries into the economic conditions 
affecting mining and materials processing industries (30 U.S.C. 
3, 21a, and 1603; 50 U.S.C. 98g(l)) and related purposes as author- 
ized by law; and to publish and disseminate data relative to the 
foregoing activities; $976,035,000, of which $63,770,000 shall be 
available only for cooperation with States or municipahties for 
water resources investigations; of which $8,000,000 shall remain 
available until expended for satelHte operations; of which 
$21,720,000 shall be available until September 30, 2007, for the 
operation and maintenance of facilities and deferred maintenance; 
of which $1,600,000 shall be available until expended for deferred 
maintenance and capital improvement projects that exceed $100,000 
in cost; and of which $177,485,000 shall be available until Sep- 
tember 30, 2007, for the biological research activity and the oper- 
ation of the Cooperative Research Units: Provided, That none of 
the funds provided for the biological research activity shall be 
used to conduct new surveys on private property, vmless specifically 
43 use 50. authorized in writing by the property owner: Provided further. 

That no part of this appropriation shall be used to pay more 
than one-half the cost of topographic mapping or water resources 
data collection and investigations carried on in cooperation with 
States and municipalities. 
* ****** 



71 



119 STAT. 520 



PUBLIC LAW 109-54— AUG. 2, 2005 



Reports. 
Deadlines. 



under the heading "Office of Special Trustee for American Indians, 
Indian Land Consolidation" of the Interior and Related Agencies 
Appropriations Act, 2001 (Public Law 106-291). 

Natural Resource Damage Assessment and Restoration 

NATURAL resource DAMAGE ASSESSMENT FUND 

To conduct natural resource damage assessment and restora- 
tion activities by the Department of the Interior necessary to carry 
out the provisions of the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 
seq.). Federal Water Pollution Control Act, as amended (33 U.S.C. 
1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101- 
380) (33 U.S.C. 2701 et seq.), and Public Law 101-337, as amended 
(16 U.S.C. ISij et seq.), $6,106,000, to remain available xmtil 
expended. 

ADMINISTRATIVE PROVISIONS 

There is hereby authorized for acquisition from available 
resovirces within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That existing aircraft being replaced may be sold, with proceeds 
derived or trade-in value used to offset the purchase price for 
the replacement aircraft: Provided further, That no programs funded 
with appropriated funds in the "Departmental Management", 
"Office of the Solicitor", and "Office of Inspector CJeneral" may 
be augmented through the Working Capital Fund: Provided further. 
That the annual budget justification for Departmental Management 
shall describe estimated Working Capital Fund charges to bureaus 
and offices, including the methodology on which charges are based: 
Provided further, That departures from the Working Capital Fund 
estimates contained in the Departmental Management budget jus- 
tification shall be presented to the Committees on Appropriations 
for approval: Provided further. That the Secretary shall provide 
a semi-annual report to the Committees on Appropriations on 
reimbursable support agreements between the Office of the Sec- 
retary and the National Business Center and the bureaus and 
offices of the Department, including the amounts billed pursuant 
to such agreements. 

General Provisions, Department of the Interior 

Sec. 101. Appropriations made in this title shall be available 
for expenditure or transfer (within each bureau or office), with 
the approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other faciU- 
ties or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, TTiat no funds shall be made 
available under this authority until funds specifically made avail- 
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further. That all funds used pursuant 
to this section must be replenished by a supplemental appropriation 
which must be requested as promptly as possible. 

Sec. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition 



72 



PUBLIC LAW 109-54— AUG. 2, 2005 



119 STAT. 523 



Sec. 111. Notwithstanding any other provision of law, in con- 
veying the Twin Cities Research Center under the authority pro- 
vided by Public Law 104—134, as amended by Pubhc Law 104- 
208, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and 
use any such reimbursement until expended and without further 
appropriation: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all activities 
authorized by Public Law 100-696; 16 U.S.C. 460zz. 

Sec. 112. The Secretetry of the Interior may use or contract 
for the use of helicopters or motor vehicles on the Sheldon and 
Hart National Wildlife Refuges for the purpose of capturing and 
transporting horses and burros. The provisions of subsection (a) 
of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be 
apphcable to such use. Such use shall be in accordance with humane 
procedures prescribed by the Secretary. 

Sec. 113. Funds provided in this Act for Federal land acquisi- 
tion by the National Park Service for Shenandoah Valley Battle- 
fields Nationsd Historic District and Ice Age National Scenic Trail, 
and fimds provided in division E of PubUc Law 108-447 (118 
Stat. 3050) for land acquisition at the Niobrara National Scenic 
River, may be used for a grant to a State, a local government, 
or any other land management entity for the acquisition of lands 
without regard to any restriction on the use of Federal land acquisi- 
tion funds provided through the Land and Water Conservation 
Fund Act of 1965 as amended. 

Sec. 114. None of the funds made available by this Act may 
be obligated or expended by the National Park Service to enter 
into or implement a concession contract which permits or requires 
the removal of the underground lunchroom at the Carlsbad Caverns 
National Park. 

Sec. 115. None of the funds made available in this Act may 
be used: (1) to demolish the bridge between Jersey City, New 
Jersey, and Ellis Island; or (2) to prevent pedestrian use of such 
bridge, when such pedestrian use is consistent with generally 
accepted safety standards. 

Sec. 116. None of the funds in this or any other Act can 
be used to compensate the Special Master and the Special Master- 
Monitor, and all variations thereto, appointed by the United States 
District Court for the District of Columbia in the Cobell v. Norton 
litigation at an annual rate that exceeds 200 percent of the highest 
Senior Executive Service rate of pay for the Washington-Baltimore 
locaUty pay area. 

Sec. 117. The Secretary of the Interior may use discretionary 
funds to pay private attorney fees and costs for employees and 
former employees of the Department of the Interior reasonably 
incurred in connection with CobeU v. Norton to the extent that 
such fees and costs are not paid by the Department of Justice 
or by private insurance. In no case shall the Secretary m£ike pay- 
ments under this section that would result in payment of hourly 
fees in excess of the highest hourly rate approved by the District 
Court for the District of Columbia for coimsel in Cobell v. Norton. 

Sec. 118. The United States Fish and Wildlife Service shall, 
in carrying out its responsibilities to protect threatened and endan- 
gered species of salmon, implement a system of mass marking 
of salmonid stocks, intended for harvest, that are released from 
Federally operated or Federally financed hatcheries including but 



Procedures. 



New Jersey. 
Ellis Island. 



73 



PUBLIC LAW 109-54— AUG. 2, 2005 



119 STAT. 525 



continue in effect under the renewed permit. Nothing in this section 
shall be deemed to extend the nonrenewable permits beyond the 
standard 1-year term. 

Sec. 124. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, waters, 
or interests therein including the use of all or part of any pier, 
dock, or landing within the State of New York and the State 
of New Jersey, for the purpose of operating and maintaining facili- 
ties in the support of transportation and accommodation of visitors 
to EUis, Governors, and Liberty Islands, and of other program 
and administrative activities, by donation or with appropriated 
funds, including franchise fees (and other monetary consideration), 
or by exchange; and the Secretary is authorized to negotiate and 
enter into leases, subleases, concession contracts or other agree- 
ments for the use of such facilities on such terms and conditions 
as the Secretary may determine reasonable. 

Sec. 125. Upon the request of the permittee for the Clark 
Mountain Allotment lands adjacent to the Mojave National Pre- 
serve, the Secretary shall also issue a special use permit for that 
portion of the grazing allotment located within the Preserve. The 
special use permit shall be issued with the same terms and condi- 
tions as the most recently-issued permit for that allotment and 
the Secretary shaU consider the permit to be one transferred in 
accordance with section 325 of Public Law 108-108. 
-^Sec. 126. Notwithstanding any other provision of law, the 
National Park Service final winter use rules pubUshed in Part 
Vn of the Federal Register for November 10, 2004, 69 Fed. Reg. 
65348 et seq., shall be in force and effect for the winter use season 
of 2005-2006 that commences on or about December 15, 2005. 
Sec. 127. Section 1121(d) of the Education Amendments of 
1978 (25 U.S.C. 2001(d)) is amended by striking paragraph (7) 
and inserting the following: 

"(7) Approval of Indian tribes. — ^The Secretary shall not 

terminate, close, consolidate, contract, transfer to another 

authority, or take any other action relating to an elementary 

school or secondary school (or any program of such a school) 

of an Indian tribe without the approval of the governing body 

of any Indian tribe that would be eiffected by such an action.". 

-^ Sec. 128. Section 108(e) of the Act entitled "An Act to establish 

the Kalaupapa National Historical Park in the State of Hawaii, 

and for other purposes" (16 U.S.C. 410iJ-7) is amended by striking 

"twenty-five years from" and inserting "on the date that is 45 

years after". 

Sec. 129. Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
"September 30, 2005," and inserting "June 30, 2006,". 

Sec. 130. None of the funds in this or any other Act may 
be used to set up Centers of Excellence and Partnership Skills 
Bank training without prior approval of the House and Senate 
Cormnittees on Appropriations. 

-3 Sec. 131. Section 114 of the Department of the Interior and 

Related Agencies Appropriations Act, 2003 (16 U.S.C. 460bb-3 note; 

117 Stat. 239; division F of Public Law 108-7), is amended— 

(1) in the second sentence, by inserting ", including utility 

expenses of the National Park Service or lessees of the National 

Park Service" after "Fort Baker properties"; and 



New York. 
New Jersey. 



Mojave National 
Preserve. 



Applicability. 
Effective date. 



74 



119 STAT. 526 



PUBLIC LAW 109-54— AUG. 2, 2005 



16 use 460/-€a, 
6812. 



Applicability. 
16 use 460^6a 
note. 



Effective date. 
16 use 460/-6a 
note. 



eaptain John 
Smith. 



(2) by inserting between the first and second sentences 
the following: "In furtherance of a lease entered into under 
the first sentence, the Secretary of the Interior or a lessee 
may impose fees on overnight lodgers for the purpose of cov- 
ering the cost of providing utilities and transportation services 
at Fort Baker properties at a rate not to exceed the annual 
cost of providing these services.". 

Sec. 132. (a) Section 813(a) of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6812(a)) is amended by striking "and 
(i)" and inserting "and (i) (except for paragraph (1)(C))". 

(b) Section 4(i)(lXC)(i) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 4601-6a(iXl)(C)(i)) is amended— 

(1) by striking "Notwithstanding subparagraph (A)" and 
all that follows through "or section 107" and inserting "Notwith- 
standing section 107"; and 

(2) by striking "account under subparagraph (A)" and 
inserting "accoimt under section 807(a) of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6806(a))". 

(c) Except as provided in this section, section 4(i)(l)(C) of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601- 
6a(i)(l)(C)) shall be applied and administered as if section 813(a) 
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
6812(a)) (and the amendments made by that section) had not been 
enacted. 

(d) This section and the amendments made by this section 
take effect as of December 8, 2004. 

> Sec. 133. Section 5(c) of the National Trails System Act (16 
U.S.C. 1244(c)) is amended by adding at the end the following: 
"(43)(A) The Captain John Smith Chesapeake Nationsd Historic 
Watertrail, a series of routes extending approximately 3,000 miles 
along the Chesapeake Bay and the tributaries of the Chesapeake 
Bay in the States of Virginia, Maryland, Pennsylvania, and Dela- 
ware and the District of Colimibia that traces Captain John Smith's 
voyages charting the land and waterways of the Chesapeake Bay 
and the tributaries of the Chesapeake Bay. 

"(B) The study shall be conducted in consultation with Federal, 
State, regional, and local agencies and representatives of the private 
sector, including the entities responsible for administering — 

"(i) the Chesapeake Bay Gateways and Watertrails Net- 
work authorized under the Chesapeake Bay Initiative Act of 
1998 (16 U.S.C. 461 note; title V of Public Law 105-312); 
£md 

"(ii) the Chesapeake Bay Program authorized under section 
117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267). 

"(C) The study shall include an extensive analysis of the poten- 
tial impacts the designation of the trail as a national historic 
watertrail is likely to have on land and water, including docks 
and piers, along the proposed route or bordering the study route 
that is privately owned at the time the study is conducted.". 
-: Sec. 134. (a) Notwithstanding section 508(c) of the Omnibus 
Parks and Public Lands Management Act of 1996 (40 U.S.C. 8903 
note; Public Law 104-333) there is hereby appropriated to the 
Secretary of the Interior $10,000,000, to remain available until 
expended, for necessary expenses for the Memorial to Martin Luther 
King, Jr., authorized in that Act. 



75 



PUBLIC LAW 109-54— AUG. 2, 2005 119 STAT. 527 

(b) The funds appropriated in subsection (a) shall only be 
made available after the entire amount is matched by non-Federal 
contributions (not including in-kind contributions) that are pledged 
and received after July 26, 2005, but prior to the date specified 
in subsection (c). 

(c) Section 508(b)(2) of the Omnibus Parks and Public Lands 
Management Act of 1996 is amended by striking "November 12, 40USC8903 
2006" and inserting "November 12, 2008". note. 

TITLE n— ENVIRONMENTAL PROTECTION AGENCY 

Science and Technology 

For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended; necessary expenses for 
personnel and related costs and travel expenses, including uniforms, 
or allowances therefor, as authorized by 5 U.S.C. 5901-5902; serv- 
ices as authorized by 5 U.S.C. 3109, but at rates for individuals 
not to exceed the per diem rate equivalent to the maximum rate 
payable for senior level positions under 5 U.S.C. 5376; procurement 
of laboratory equipment and supplies; other operating expenses 
in support of research and development; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project, $741,722,000, to remain available until Sep- 
tember 30, 2007. 

Environmental Programs and Management 

For environmental programs and management, including nec- 
essary expenses, not otherwise provided for, for personnel and 
related costs and travel expenses, including uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; services as author- 
ized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the maximum rate payable for 
senior level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles; hire, maintenance, and operation of aircraft; purchase 
of reprints; library memberships in societies or associations which 
issue publications to members only or at a price to members lower 
than to subscribers who are not members; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project; and not to exceed $19,000 for ofificial reception 
and representation expenses, $2,381,752,000, to remain available 
until September 30, 2007, including administrative costs of the 
brownfields program under the Small Business Liability Relief and 
Brownfields ReAdtalization Act of 2002. 

Office of Inspector General 

For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, and for construction, alteration, repair, rehabilitation, 
and renovation of facilities, not to exceed $85,000 per project, 
$37,455,000, to remain available until September 30, 2007. 

* * It * * J. ^ 



76 



PUBLIC LAW 109-54— AUG. 2, 2005 119 STAT. 549 

United States Holocaust Memorial Museum 

holocaust memorial museum 

For expenses of the Holocaust Memorial Museum, as authorized 
by Public Law 106-292 (36 U.S.C. 2301-2310), $42,780,000, of 
which $1,874,000 for the museum's repair and rehabilitation pro- 
gram and $1,246,000 for the musevmi's exhibition design and 
production program shall remain available until expended. 

Presidio Trust 

presidio trust fund 

For necessary expenses to carry out title I of the Omnibus 
Parks and PubUc Lands Management Act of 1996, $20,000,000 
shall be available to the Presidio Trust, to remain available until 
expended. 

White House Commission on the National Moment of 
Remembrance 

salaries and expenses 

For necessary expenses of the White House Commission on 
the National Moment of Remembrance, $250,000. 

TITLE IV— GENERAL PROVISIONS 

Sec. 401. The expenditure of any appropriation under this Conta-acts. 
Act for any consulting service through procurement contract, pursu- P^Wic 
ant to 5 U.S.C. 3109, shall be Umited to those contracts where into"nat»on. 
such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant 
to existing law. 

Sec. 402. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or distribution 
of literature that in any way tends to promote public support 
or opposition to any legislative proposal on which Congressional 
action is not complete other than to communicate to Members 
of Congress as described in 18 U.S.C. 1913. 

Sec. 403. No part of any appropriation contained in this Act 
shall remedn available for obligation beyond the current fiscal year 
unless expressly so provided herein. 

Sec. 404. None of the funds provided in this Act to any depart- 
ment or agency shall be obhgated or expended to provide a personal 
cook, chauffevir, or other personal servants to any officer or 
employee of such depeirtment or agency except as otherwise provided 
by law. 

Sec. 405. Estimated overhead charges, deductions, reserves 
or holdbacks from programs, projects, activities and subactivities 
to support government-wide, departmental, agency or bureau 
administrative functions or headquarters, regional or central oper- 
ations shall be presented in annual budget justifications and subject 
to approval by the Committees on Appropriations. Changes to such 
estimates shall be presented to the Committees on Appropriations 
for approval. 

* ****** 



77 



119 STAT. 554 PUBLIC LAW 109-54— AUG. 2, 2005 

under applicable procurement laws, except as provided in this sec- 
tion. 

Sec. 421. No funds appropriated in this Act for the acquisition 
of lands or interests in lands may be expended for the filing of 
declarations of taking or complaints in condemnation Avithout the 
approval of the House and Senate Committees on Appropriations: 
Provided, That this provision shall not apply to funds appropriated 
to implement the Everglades National Park Protection and Expan- 
sion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes. 
.- _ Sec. 422. (a) Limitation on Competitive Sourcing Studies.— 

(1) Of the funds made available by this or any other Act 
to the Department of the Interior for fiscal year 2006, not 
more than $3,450,000 may be used by the Secretary of the 
Interior to initiate or continue competitive sourcing studies 
in fiscal year 2006 for programs, projects, and activities for 
vi^hich funds are appropriated by this Act until such time as 
the Secretary concerned submits a reprogramming proposal 
to the Committees on Appropriations of the Senate and the 
House of Representatives, and such proposal has been processed 
consistent with the reprogramming guideUnes included in the 
report accompanying this Act. 

(2) Of the funds appropriated by this Act, not more than 
$3,000,000 may be used in fiscal year 2006 for competitive 
sourcing studies and related activities by the Forest Service. 

(b) Competitive Sourcing Study Defined. — In this section, 
the term "competitive sourcing study" means a study on subjecting 
work performed by Federal Cfovemment employees or private con- 
tractors to public-private competition or on converting the Federal 
Gfovemment employees or the work performed by such employees 
to private contractor performance under the Office of Management 
and Budget Circular A-76 or any other administrative regulation, 
directive, or policy. 

(c) Competitive Sourcing Exemption for Forest Service 
Studies Conducted Prior to Fiscal Year 2006. — ^The Forest 
Service is hereby exempted from implementing the Letter of Obliga- 
tion and post-competition accountability guideunes where a competi- 
tive sourcing study involved 65 or fewer full-time equivalents, the 
performance decision was made in favor of the agency provider; 
no net savings was achieved by conducting the study, and the 
study was completed prior to the date of this Act. 

(d) In preparing any reports to the Committees on Appropria- 
tions on competitive sourcing activities, agencies funded in this 
Act shall include the incremental cost directly attributable to con- 
ducting the competitive sourcing competitions, including costs 
attributable to paying outside consultants and contractors and, 
in accordance with full cost accounting principles, all costs attrib- 
utable to developing, implementing, supporting, managing, moni- 
toring, and reporting on competitive som-cing, including personnel, 
consultant, travel, and training costs associated with program 
management. 

(e) In carrying out any competitive sourcing study involving 
Forest Service employees, the Secretary of Agriculture shall — 

(1) determine whether any of the employees concerned 
are also qualified to participate in wildland fire management 
activities; and 



78 



PUBLIC LAW 109-54— AUG. 2, 2005 119 STAT. 555 

(2) take into consideration the effect that contracting with 
a private sector source would have on the ability of the Forest 
Service to effectively and efficiently fight and manage wildfires. 
Sec. 423. None of the funds in this Act or prior Acts making 
appropriations for the Department of the Interior and Related Agen- 
cies may be provided to the managing partners or their agents 
for the SAFECOM or Disaster Management projects. 

Sec. 424. (a) In General. — ^An entity that enters into a contract 
with the United States to operate the National Recreation Reserva- 
tion Service (as solicited by the solicitation numbered WO-04- 
06vm) shall not carry out any duties under the contract using: 

(1) a contact center located outside the United States; 
or 

(2) a reservation agent who does not live in the United 
States. 

(b) No Waiver. — ^The Secretary of Agriculture may not waive 
the requirements of subsection (a). 

(c) Telecommuting. — ^A reservation agent who is carrying out 
duties under the contract described in subsection (a) may not tele- 
commute fi-om a location outside the United States. 

(d) Limitations. — Nothing in this Act shall be construed to 
apply to any employee of the entity who is not a reservation agent 
carrying out the duties under the contract described in subsection 
(a) or who provides managerial or support services. 

Sec. 425, Section 331 of the Department of the Interior and 
Related Agencies Appropriations Act, 2000 (as enacted into law 
by section 1000(aX3) of Public Law 106-113; 113 Stat. 1501A- 
196; 16 U.S.C. 497 note), as amended, is amended — 

(1) in subsection (a) by striking "2005" and inserting "2006"; 
and 

(2) in subsection (b) by striking "2005" and inserting "2006". 
Sec. 426. Section 321 of the Department of the Interior and 

Related Agencies Appropriations Act, 2003 (division F of Public 
Law 108-7; 117 Stat. 274; 16 U.S.C. 565a-l note) is amended 
by striking "September 30, 2005" and inserting "September 30, 
2007". 

Sec. 427. Section 5 of the Arts and Artifacts Indemnity Act 
(20 U.S.C. 974) is amended— 

(1) in subsection (b), by striking "$8,000,000,000" and 
inserting "$10,000,000,000"; and 

(2) in subsection (c), by striking "$600,000,000" and 
inserting "$1,200,000,000". 

— ^Sec. 428. Section 330 of the Department of the Interior and 
Related Agencies Appropriations Act, 2001 (PubUc Law 106-291; 
114 Stat. 996; 43 U.S.C. 1701 note), is amended— 

(1) in the first sentence, by striking "2005" and inserting 
"2008"; 

(2) in the first sentence by striking "may pilot test agency- 
wide joint permitting and leasing programs" and inserting sifter 
"Congress," the following: "may establish pilot programs 
involving the land management agencies referred to in this 
section to conduct projects, planning, permitting, leasing, con- 
tracting and other activities, either jointly or on behalf of one 
another; may co-locate in Federal offices and facilities leased 
by an agency of either Department;"; 



79 



119 STAT. 556 PUBLIC LAW 109-54— AUG. 2, 2005 

(3) in the third sentence, by inserting ", National Park 
Service, Fish and Wildlife Service," after "Bureau of Land 
Management"; and 

(4) by adding at the end the following new sentence: "To 
facilitate the sharing of resources under the Service First initia- 
tive, the Secretaries of the Interior and Agriculture may make 
transfers of funds and reimbursement of funds on an annual 
basis, including transfers and reimbursements for multi-year 
projects, except that this authority may not be used to cir- 
cumvent requirements and limitations imposed on the use of 
funds.". 

Sec. 429. The Secretary of Agriculture may acquire, by 
exchange or otherwise, a parcel of real property, including improve- 
ments thereon, of the Inland Valley Development Agency of San 
Bernardino, CaJifomia, or its successors and assigns, generally com- 
prising Building No. 3 and Building No. 4 of the former Defense 
Finance and Accounting Services complex located at the southwest 
comer of Tippecanoe Avenue and Mill Street in San Bernardino, 
California, adjacent to the former Norton Air Force Base. As full 
consideration for the property to be acquired, the Secretary of 
Agriculture may terminate the leasehold rights of the United States 
received piirsuant to section 8121(aX2) of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 999). 
The acquisition of the property shall be on such terms and condi- 
tions as the Secretary of Agriculture considers appropriate and 
may be carried out without appraisals, environmental or adminis- 
trative surveys, consultations, analyses, or other considerations of 
the condition of the property. 

Sec. 430. None of the funds in this Act may be used to prepare 
or issue a permit or lease for oil or gas drilling in the Finger 
Lakes National Forest, New York, during fiscal year 2006. 

Sec. 431. (a) In General.— 

(1) The Secretary of Agriculture and the Secretary of the 
Interior are authorized to make grants to the Eastern Nevada 
Landscape Coalition for the study and restoration of rangeland 
and other lands in Nevada's Great Basin in order to help 
assure the reduction of hazardoiis fuels and for related pur- 
poses. 

(2) Notwithstanding 31 U.S.C. 6301-6308, the Director of 
the Bureau of Land Management may enter into a cooperative 
agreement with the Eastern Nevada Landscape Coalition for 
the Great Basin Restoration Project, including hazardous fuels 
and mechanical treatments and related work. 

(b) Authorization of Appropriations. — There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 

Sec. 432. (a) Section 108(g) of the Valles Caldera Preservation 
Act (16 U.S.C. 698v-6(g)) is amended— 

(1) in the first sentence, by striking "The Secretary" and 
inserting the following: 

"(1) Law enforcement.— 

"(A) In general.— The Secretary"; 

(2) in the second sentence, by striking 'The Trust" and 
inserting the following: 

"(B) Federal agency.— The Trust"; and 
* ****** 



80 



119 STAT. 558 PUBLIC LAW 109-54— AUG. 2, 2005 

(2) the Majority and Minority Leaders of the Senate and 
the Speaker Eind Minority Leader of the House of Representa- 
tives approve such determination; and 
Certification. (3) the Capitol Police Board certifies the determination 

in writing to the District of Columbia Board of Zoning Adjust- 
ments and the District of Columbia Zoning Commission, 
(c) Effective Date. — This section shall take effect on the date 
of enactment of this Act and apply to the remaining portion of 
the fiscal year in which enacted and each fiscal year thereafter. 
Sec. 436. Wisconsin National Forest Acquisition, (a) 
Prospective Management Requirements.— The Secretary of Agri- 
culture is authorized to acquire property located within Sections 
1 and 2, Township 44 North, Range 4 West; Section 31, Township 
45 North, Range 3 West; and Section 36, Township 45 North, 
Range 4 West; Fourth Principal Meridian, Ashland County, State 
of Wisconsin, and upon such acquisition, such lernds shall be subject 
to the special management requirements of subsection (b). 

(b) Special Management. — Subject to vaUd existing rights of 
record, upon acquisition by the Secretary of Agriculture of any 
land referenced in subsection (a), that area of the land encompassed 
within 300 feet of the ordinary high water mark of the Brunsweiler 
River or Beaverdam Lake, whether or not the waterways are 
impounded, shall be subject to the laws and regulations pertaining 
to the National Forest System with the following management 
emphasis: 

(1) Enhancing the physical, biological, and cultural features 
and values for public use, interpretation, research, and moni- 
toring; 

(2) Maintenance of the natural character of Brunsweiler 
River, whether or not impounded; and 

(3) Prohibition of structures, motorized use of trails, devel- 
oped recreation facilities, and surface occupancy for mineral 
exploration or extraction. 

(c) National Forest Boundaries.— Without further action by 
the Secretary of Agriculture, the boundaries of the Chequamegon 
National Forest are hereby expanded to encompass the lands ref- 
erenced in subsection (a). 

(d) Savings Provision. — ^Nothing in this section shall be con- 
strued to prohibit the maintenance or reconstruction of the existing 
dam on the Brunsweiler River, located within the area referenced 
in subsection (a). 

Sec. 437. In addition to amounts provided to the Department 
of the Interior in this Act, $5,000,000 is provided for a grant 
to Kendall County, lUiaois. 
>> Sec. 438. Section 344 of the Department of the Interior and 
Related Agencies Appropriations Act, 2005 as contained in division 
E of the Consolidated Appropriations Act, 2005 (Public Law 108- 
118 Stat. 3105. 447) is amended as follows: 

(1) by striking "seven", "14910001,", and ", 14913007, and 
14913008"; 

(2) by inserting "and" after "14913005,"; and 

(3) by striking all after "(2)" and inserting "immediately 
transfer to the Alaska SeaLife Center for various acqviisitions, 
waterfi-ont improvements and facilities that complement the 
new Federal facility, any remaining balance of previously appro- 
priated funds.". 

* ****** 



81 



119 STAT. 564 PUBLIC LAW 109-54— AUG. 2, 2005 

$1,500,000,000, to be available for obligation upon enactment of 
this Act and to remain available until September 30, 2006. 

This Act may be cited as the "Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2006". 

Approved August 2, 2005. 



LEGISLATIVE HISTORY — HR. 2361: 

HOUSE REPORTS: Nos. 109-80 (Comm. on Appropriations) and 109-188 

(Coram, of Conference). 
SENATE REPORTS: No. 109-80 (Conun. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

May 19, considered and passed House. 

June 24, 27-29, considered and passed Senate, funended. 

July 28, House agreed to conference reprort. 

July 29, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005): 

Aug. 2, Presidential statement. 



o 



82 



119 STAT. 594 



PUBLIC LAW 109-58— AUG. 8, 2005 



Aug. 8, 2005 
IH.R6] 



Energy Policy Act 

of 2005. 

42 use 15801 

note. 



Public Law 109-58 
109th Congress 

An Act 

To ensure jobs for our fixture with secure, affordable, and reliable energy. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) Short Title.— This Act may be cited as the "Energy Policy 
Act of 2005". 

(b) Table of Contents. — ^The table of contents for this Act 
is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I— ENERGY EFFICIENCY 
Subtitle A — Federal Programs 

Sec. 101. Energy and water saving measures in congressional buildings. 

Sec. 102. Energy management requirements. 

Sec. 103. Energy use measurement and accountability. 

Sec. 104. Procurement of energy efficient products. 

Sec. 105. Energy savings performance contracts. 

Sec. 106. Voluntary commitments to reduce industrial energy intensity. 

Sec. 107. Advanced Building Efficiency Testbed. 

Sec. 108. Increased use of recovered mineral component in federally funded projects 

involving procurement of cement or concrete. 

Sec. 109. Federal building performance standards. 

Sec. 110. Daylight savings. 

Sec. 111. Ennancing energy efficiency in management of Federal lands. 

Subtitle B — Energy Assistance and State Programs 

Sec. 121. Low-income home energy assistance program. 

Sec. 122. Weatherization assistemce. 

Sec. 123. State energy programs. 

Sec. 124. Energy efficient appliance rebate programs. 

Sec. 125. Energy efficient public buildings. 

Sec. 126. Low mcome community energy efficiency pilot program. 

Sec. 127. State Technologies Advancement Collaborative. 

Sec. 128. State building enei^ efficiency codes incentives. 

Subtitle C — Energy Efficient Products 

Sec. 131. Eneror Star program. 

Sec. 132. HVAC maintenance consumer education program. 

Sec. 133. Public energy education program. 

Sec. 134. Energy efficiency public information initiative. 

Sec. 135. Energy conservation standards for additional products. 

Sec. 136. Energy conservation steuidards for commercial equipment. 

Sec. 137. Energy labeling. 

Sec. 138. Intermittent escalator study. 

Sec. 139. Energy efficient electric and natural gas utilities study. 

Sec. 140. Energy efficiency pilot program. 

Sec. 141. Report on failure to comply with deadlines for new or revised energy 
conservation standards. 

Subtitle D — ^Public Housing 
Sec. 151. Public housing capital fund. 



83 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 595 

Sec. 152. Energy-efiEcient appliances. 
Sec. 153. Energy efficiency standards. 
Sec. 154. Energy strategy for HUD. 

TITLE n— RENEWABLE ENERGY 

Subtitle A — General Provisions 

Sec. 201. Assessment of renewable energy resotirces. 

Sec. 202. Renewable energy production incentive. 

Sec. 203. Federal purchase requirement. 

Sec. 204. Use of photovoltaic energy in public buildings. 

Sec. 205. Biobased products. 

Sec. 206. Renewable energy security. 

Sec. 207. Installation of photovoltaic system. 

Sec. 208. Sugar cane ethanol program. 

Sec. 209. Rural and remote community electrification grants. 

Sec. 210. Grants to improve the commercieil value of forest biomeuss for electric en- 
ergy, useful heat, transportation fuels, amd other commercial purposes. 

Sec. 211. Sense of Congress regardmg generation capacity of electricity from renew- 
able energy resources on public lands. 

Subtitle B — Geothermal Energy 

Sec. 221. Short title. 

Sec. 222. Competitive lease sale requirements. 
Sec. 223. Direct use. 

Sec. 224. Royalties and near-term production incentives. 
Sec. 225. Coordination of geothermal leasing and permitting on Federal lands. 
Sec. 226. Assessment of geothermal energy potential. 
Sec. 227. Cooperative or unit plans. 
Sec. 228. Royalty on byproducts. 

Sec. 229. Authorities of Secretary to readjust terms, conditions, rentals, and royal- 
ties. 
Sec. 230. Crediting of rental toward royalty. 
Sec. 231. Lease duration and work commi6nent requirements. 
Sec. 232. Advanced royalties required for cessation of production. 
Sec. 233. Annual rental. 

Sec. 234. Deposit and use of geothermal lease revenues for 5 fiscal years. 
Sec. 235. Acreage limitations. 
Sec. 236. Technical amendments. 
Sec. 237. Intermountain West Geothermal Consortium. 

Subtitle C — Hydroelectric 

Sec. 241. Alternative conditions and fishways. 

Sec. 242. Hydroelectric production incentives. 

Sec. 243. Ifydroelectric efficiency improvement. 

Sec. 244. Alaska State jurisdiction over small hydroelectric projects. 

Sec. 245. Flint Creek hydroelectric project. 

Sec. 246. Small hydroelectric power projects. 

Subtitle D — Insular Energy 

Sec. 251. Insular areas energy security. 

Sec. 252. Projects enhancing insular energy independence. 

TITLE m— OIL AND GAS 

Subtitle A — ^Petroleum Reserve and Home Heating Oil 

Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve and 

other energy programs. 
Sec. 302. National Oilheat Research Alliance. 
Sec. 303. Site selection. 

Subtitle B— Natural Gas 

Sec. 311. Exportation or importation of natural gas. 

Sec. 312. New natural gas storage facilities. 

Sec. 313. Process coordination; hearings; rules of procedure. 

Sec. 314. Penalties. 

Sec. 315. Market manipulation. 

Sec. 316. Natural gas market transparency rules. 

Sec. 317. Federal-State Uquefied natural gas forums. 

Sec. 318. Prohibition of trading and serving by certain individuals. 

Subtitle C — ^Production 
Sec. 321. Outer Continental Shelf provisions. 

* ****** 



84 



119 STAT. 598 PUBLIC LAW 109-58— AUG. 8, 2005 

Subtitle C — Next Generation Nuclear Plant Project 

Sec. 641. Project establishment. 

Sec. 642. Project management. 

Sec. 643. Project organization. 

Sec. 644. Nucleeir Regulatory Commission. 

Sec. 645. Project timelines and authorization of appropriations. 

Subtitle D — Nuclear Security 

Sec. 651. Nuclear facility and materials security. 

Sec. 652. Fingerprinting and criminal history record checks. 

Sec. 653. Use of firearms by security personnel. 

Sec. 654. Unauthorized introduction of dangerous weapons. 

Sec. 655. Sabotage of nuclear facilities, fuel, or designated materied. 

Sec. 656. Secure transfer of nuclear materitils. 

Sec. 657. Department of Homeland Security consultation. 

TITLE VII— VEHICLES AND FUELS 

Subtitle A — Existing Programs 

Sec. 701. Use of alternative fuels by dual fueled vehicles. 

Sec. 702. Incremental cost allocation. 

Sec. 703. Alternative compliance and flexibility. 

Sec. 704. Review of Energy Policy Act of 1992 programs. 

Sec. 705. Report concemmg compliance with alternative fueled vehicle purchasing 

requirements. 
Sec. 706. Joint flexible fuel/hybrid vehicle commercialization initiative. 
Sec. 707. Emergency exemption. 

Subtitle B — Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses 

Part 1 — ^Hybrid Vehicles 

Sec. 711. Hybrid vehicles. 

Sec. 712. Emcient hybrid and advanced diesel vehicles. 

Part 2— Advanced Vehicles 

Sec. 721. Pilot program. 

Sec. 722. Reports to Congress. 

Sec. 723. Authorization of appropriations. 

Part 3 — Fuel Cell Buses 

Sec. 731. Fuel cell transit bus demonstration. 

Subtitle C — Clean School Buses 

Sec. 741. Clean school bus program. 

Sec. 742. Diesel truck retrofit and fleet modernization program. 

Sec. 743. Fuel cell school buses. 

Subtitle D — ^Miscellaneous 

Sec. 751. Reiilroad efficiency. 

Sec. 752. Mobile emission reductions trading and crediting. 

Sec. 753. Aviation fuel conservation and emissions. 

Sec. 754. Diesel fueled vehicles. 

Sec. 755. Conserve by Bicycling Program. 

Sec. 756. Reduction of engine idling. 

Sec. 757. Biodiesel engine testing program. 

Sec. 758. Ultra-efficient engine tecnnology for aircraft. 

Sec. 759. Fuel economy incentive requirements. 

Subtitle E — ^Automobile Efficiency 

Sec. 771. Authorization of appropriations for implementation and enforcement of 
fuel economy standaras. 

Sec. 772. Extension of maximum fuel economy increase for alternative fueled vehi- 
cles. 

Sec. 773. Study of feasibility and effects of reducing use of fuel for automobiles. 

Sec. 774. Update testing procedures. 

Subtitle F — Federal and State Procurement 

Sec. 781. Definitions. 

Sec. 782. Federal and State procurement of fuel cell vehicles and hydrogen energy 
systems. 



85 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 599 

Sec. 783. Federal procurement of stationary, portable, and micro fuel cells. 
Subtitle G — Diesel Emissions Keduction 

Sec. 791. Definitions. 

Sec. 792. National grant and loan programs. 

Sec. 793. State grant and loan programs. 

Sec. 794. Evaluation and report. 

Sec. 795. Outreach and incentives. 

Sec. 796. Effect of subtitle. 

Sec. 797. Authorization of appropriations. 

TITLE VIII— HYDROGEN 

Sec. 801. Hydrogen and fuel cell program. 

Sec. 802. Purposes. 

Sec. 803. Defuiitions. 

Sec. 804. Plan. 

Sec. 805. Programs. 

Sec. 806. Hydrogen and Fuel Cell Technical Task Force. 

Sec. 807. Technical Advisory Committee. 

Sec. 808. Demonstration. 

Sec. 809. Codes and standards. 

Sec. 810. Disclosure. 

Sec. 811. Reports. 

Sec. 812. Solar and wind technologies. 

Sec. 813. Technology transfer. 

Sec. 814. Miscellaneous provisions. 

Sec. 815. Cost sharing. 

Sec. 816. Savings clause. 



TITLE K— RESEARCH AND DEVELOPMENT 



Sec. 901. Short title. 
Sec. 902. Goals. 
Sec. 903. Definitions. 



Subtitle A — Energy Efficiency 



Sec. 911. Ener©^ efficiency. 

Sec. 912. Next Generation Lighting Initiative. 

Sec. 913. National Building Performance Initiative. 

Sec. 914. Building standards. 

Sec. 915. Secondary electric vehicle battery use program. 

Sec. 916. Energy Efficiency Science Initiative. 

Sec. 917. Advanced Energy Efficiency Technology Transfer Centers. 

Subtitle B — ^Distributed Energy and Electric Energy Systems 

Sec. 921. Distributed ener^ and electric energy systems. 

Sec. 922. Hi^ power density industry program. 

Sec. 923. Micro-cogeneration energy technology. 

Sec. 924. Distributed energy technology demonstration programs. 

Sec. 925. Electric transmission and distribution programs. 

Subtitle C — Renewable Energy 

Sec. 931. Renewable energy. 

Sec. 932. Bioenergy program. 

Sec. 933. Low-cost renewable hydrogen and infrastructure for vehicle propiilsion. 

Sec. 934. Concentrating solar power research program. 

Sec. 935. Renewable energy in public buildings. 

Subtitle D — Agricultural Biomass Research and Development Programs 

Sec. 941. Amendments to the Biomass Research and Development Act of 2000. 

Sec. 942. Production incentives for cellulosic biofuels. 

Sec. 943. Procurement of biobased products. 

Sec. 944. Small business bioproduct marketing and certification grants. 

Sec. 945. Regional bioeconomy development grants. 

Sec. 946. Preprocessing and harvesting demonstration grants. 

Sec. 947. Education and outreach. 

Sec. 948. Reports. 

Subtitle E — ^Nuclear Energy 

Sec. 951. Nuclear energy. 

Sec. 952. Nuclear energy research programs. 

* ***** 



86 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 601 

Sec. 1006. Improved coordination and management of civilian science and tech- 
nology programs. 
Sec. 1007. Other transactions authority. 

Sec. 1008. Prizes for achievement in gremd challenges of science and technology. 
Sec. 1009. Technical corrections. 
Sec. 1010. University collaboration. 
Sec. 1011. Sense of Congress. 

TITLE XI— PERSONNEL AND TRAINING 

Sec. 1101. Workforce trends and traineeship grants. 

Sec. 1102. Educational programs in science and mathematics. 

Sec. 1103. Training guidelines for nonnuclear electric energy industry personnel. 

Sec. 1104. National Center for Energy Management and Building Technologies. 

Sec. 1105. Improved access to energy -related scientific and technical careers. 

Sec. 1106. National Power Plant Operations Technology and Educational Center. 

TITLE XII— ELECTRICITY 

Sec. 1201. Short title. 

Subtitle A — Reliability Standards 

Sec. 1211. Electric reliability standards. 

Subtitle B — ^Transmission Infrastructure Modernization 

Sec. 1221. Siting of interstate electric transmission facilities. 

Sec. 1222. Third-party finance. 

Sec. 1223. Advanced transmission technologies. 

Sec. 1224. Advanced Power System Technology Incentive Program. 

Subtitle C — ^Transmission Operation Improvements 

Sec. 1231. Open nondiscriminatory access. 

Sec. 1232. Federal utility participation in Transmission Organizations. 

Sec. 1233. Native load service obligation. 

Sec. 1234. Study on the benefits of economic dispatch. 

Sec. 1235. Protection of transmission contracts in the Pacific Northwest. 

Sec. 1236. Sense of Congress regarding locational installed capacity mechanism. 

Subtitle D — Transmission Rate Reform 

Sec. 1241. Transmission infrastructure investment. 

Sec. 1242. Funding new interconnection and transmission upgrades. 

Subtitle E— Amendments to PURPA 

Sec. 1251. Net metering and additional standards. 
Sec. 1252. Smart metering. 

Sec. 1253. Cogeneration and small power production purchase and sale require- 
ments. 
Sec. 1254. Interconnection. 

Subtitle F— Repeal of PUHCA 

Sec. 1261. Short title. 

Sec. 1262. £)efinitions. 

Sec. 1263. RepealofthePublicUtility Holding Company Act of 1935. 

Sec. 1264. Federal access to books and records. 

Sec. 1265. State access to books and records. 

Sec. 1266. Exemption authority. 

Sec. 1267. Affiliate transactions. 

Sec. 1268. Applicability. 

Sec. 1269. Effect on other regulations. 

Sec. 1270. Enforcement. 

Sec. 1271. Savings provisions. 

Sec. 1272. Implementation. 

Sec. 1273. Transfer of resources. 

Sec. 1274. Effective date. 

Sec. 1275. Service allocation. 

Sec. 1276. Authorization of appropriations. 

Sec. 1277. Conforming amendments to the Federal Power Act 

Subtitle G — ^Market Transparency, Enforcement, and Consumer Protection 

Sec. 1281. Electricity market tramsparency. 
Sec. 1282. False statements. 

* ic * * J, J. . 



87 



119 STAT. 604 



PUBLIC LAW 109-58— AUG. 8, 2005 



Subtitle B — Climate Change Technology Deployment in Developing Countries 

Sec. 1611. Climate change technology deployment in developing countries. 

TITLE XVII— INCENTIVES FOR INNOVATIVE TECHNOLOGIES 

Sec. 1701. Definitions. 

Sec. 1702. Terms and conditions. 

Sec. 1703. Eligible projects. 

Sec. 1704. AuQiorization of appropriations. 

TITLE XVIII— STUDIES 

Sec. 1801. Study on inventoiy of petroleiun and natural gas storage. 

Sec. 1802. Study of energy efficiency standards. 

Sec. 1803. Telecommuting study. 

Sec. 1804. UHEAPRMort. 

Sec. 1805. Oil bypass filtration technology. 

Sec. 1806. Total integrated thermal systems. 

Sec. 1807. Report on energy integration with Latin America. 

Sec. 1808. Low-volume gas reservoir study. 

Sec. 1809. Investigation of gasoline prices. 

Sec. 1810. Alaska natural gas pipeline. 

Sec. 1811. Coal bed methane study. 

Sec. 1812. Backup fuel capability study. 

Sec. 1813. Indiem land rights-of-way. 

Sec. 1814. Mobility of scientific and technical personnel. 

Sec. 1815. Interagency review of competition in the wholesale and retail markets 
for electric energy. 

Sec. 1816. Study of rapid electrical grid restoration. 

Sec. 1817. Study of distributed generation. 

Sec. 1818. Natured gas supply shortage report. 

Sec. 1819. Hydrogen participation study. 

Sec. 1820. Overall employment in a hydrogen economy. 

Sec. 1821. Study of best management practices for energy research and develop- 
ment programs. 

Sec. 1822. Effect of electrical contaminants on reliability of energy production sys- 
tems. 

Sec. 1823. Alternative fuels reports. 

Sec. 1824. Final action on refiinds for excessive charges. 

Sec. 1825. Fuel cell and hydrogen technology study. 

Sec. 1826. Passive solar technologies. 

Sec. 1827. Study of link between energy security and increases in vehicle miles 
traveled. 

Sec. 1828. Science study on cvunulative impacts of multiple offshore liquefied nat- 
ural gas facilities. 

Sec. 1829. Energy and water saving measures in congressional buildings. 

Sec. 1830. Study of availability of skilled workers. 

Sec. 1831. Reviewof Energy Policy Act of 1992 programs. 

Sec. 1832. Study on the benefits of economic dispatch. 

Sec. 1833. Renewable energy on Federal land. 

Sec. 1834. Increased hydroelectric generation at existing Federal facilities. 

Sec. 1835. Split-estate Federal oil and gas leasing and development practices. 

Sec. 1836. Resolution of Federal resource development conflicts in the Powder 
River Basin. 

Sec. 1837. National security review of international energy requirements. 

Sec. 1838. Used oil re-refining study. 
Sec. 1839. Transmission system monitoring. 

Sec. 1840. Report identifying and describing the status of potential hydropower fa- 
cilities. 

42 use 15801. SEC. 2. DEFINITIONS. 

Except as otherwise provided, in this Act: 

(1) Department.— The term "Department" means the 
Department of Energy. 

(2) Institution of higher education. — 

(A) In general. — ^The term "institution of higher edu- 
cation" has the meaning given the term in section 101(a) 
of the Higher Education Act of 1065 (20 U.S.C. 1001(a)). 

(B) Inclusion.— The term "institution of higher edu- 
cation" includes an organization that — 



88 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 605 



(i) is organized, and at all times thereafter oper- 
ated, exclusively for the benefit of, to perform the 
functions of, or to carry out the functions of one or 
more organizations referred to in subparagraph (A); 
and 

(ii) is operated, supervised, or controlled by or 
in connection with one or more of those organizations. 

(3) National laboratory. — The term "National Labora- 
tory" means any of the following laboratories owned by the 
Department: 

(A) Ames Laboratory. 

(B) Argonne National Laboratory. 

(C) Brookhaven National Laboratory. 

(D) Fermi National Accelerator Laboratory. 

(E) Idaho National Laboratory. 

(F) Lawrence Berkeley National Laboratory. 

(G) Lawrence Livermore National Laboratory. 
(H) Los Alamos National Laboratory. 

(I) National Energy Technology Laboratory. 

(J) National Renewable Energy Laboratory. 

(K) Oak Ridge National Laboratory. 

(L) Pacific Northwest National Laboratory. 

(M) Princeton Plasma Physics Laboratory. 

(N) Sandia National Laboratories. 

(O) Savannah River National Laboratory. 

(P) Stanford Linear Accelerator Center. 

(Q) Thomas Jefferson National Accelerator Facility. 

(4) Secretary. — ^The term "Secretary" means the Secretary 
of Energy. 

(5) Small business concern. — The term "small business 
concern" has the meaning given the term in section 3 of the 
Small Business Act (15 U.S.C. 632). 



TITLE I— ENERGY EFFICIENCY 
Subtitle A — ^Federal Programs 



SEC. 101. ENERGY AND WATER SAVING MEASURES IN CONGRESSIONAL 
BUILDINGS. 

(a) In General. — Part 3 of title V of the National Energy 
Conservation PoHcy Act (42 U.S.C. 8251 et seq.) is amended by 
adding at the end the following: 

"SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN CONGRES- 42 USC 8259a. 
SIONAL BUILDINGS. 

"(a) In General.— The Architect of the Capitol— 

"(1) shall develop, update, and implement a cost-eflFective 
energy conservation and management plan (referred to in this 
section as the 'plan') for all facilities administered by Congress 
(referred to in this section as 'congressional buildings') to meet 
the energy performance requirements for Federal buildings 
established under section 543(a)(1); and 

"(2) shall submit the plan to Congress, not later than Deadline. 
180 days after the date of enactment of this section. 
"(b) Plan Requirements.— The plan shall include — 



89 



119 STAT. 606 PUBLIC LAW 109-58— AUG. 8, 2005 

"(1) a description of the life cycle cost analysis used to 
determine the cost-effectiveness of proposed energy efficiency 
projects; 

"(2) a schedule of energy surveys to ensure complete sur- 
veys of all congressional buildings every 5 years to determine 
the cost and payback period of energy and water conservation 
meas vires; 

"(3) a strategy for installation of life cycle cost-effective 
energy and water conservation measures; 

(4) the results of a study of the costs and benefits of 
installation of submetering in congressional buildings; and 

"(5) information packages and 'how-to' guides for each 
Member and employing authority of Congress that detail 
simple, cost-effective methods to save energy and teixpayer dol- 
lars in the workplace. 

"(c) Annual Report. — The Architect of the Capitol shall submit 
to Congress annually a report on congressional energy management 
and conservation programs required under this section that 
describes in detail — 

"(1) energy expenditures and savings estimates for each 
facihty; 

"(2) energy management and conservation projects; and 

"(3) future priorities to enstire compliance with this sec- 
tion.". 

(b) Table of Contents Amendment. — The table of contents 
of the National Energy Conservation Pohcy Act is amended by 
adding at the end of the items relating to part 3 of title V the 
following new item: 

"Sec. 552. Energy and water savings measures in congressional buildings.". 

(c) Repeal. — Section 310 of the Legislative Branch Appropria- 
tions Act, 1999 (2 U.S.C. 1815), is repealed. 

SEC. 102. ENERGY MANAGEMENT REQUIREMENTS. 

(a) Energy Reduction GJoals. — 

(1) Amendment.— Section 543(a)(1) of the National Energy 
Conservation PoUcy Act (42 U.S.C. 8253(a)(1)) is amended by 
striking "its Federal buildings so that" and all that follows 
through the end and inserting "the Federal buildings of the 
agency (including each industrial or laboratory facihty) so that 
the energy consumption per gross square foot of the Federal 
buildings of the agency in fiscal years 2006 through 2015 is 
reduced, as compared with the energy consumption per gross 
square foot of the Federal buildings of the agency in fiscal 
year 2003, by the percentage specified in the following table: 

"Fiscal Year Percentage 

redaction 

2006 2 

2007 4 

2008 6 

2009 8 

2010 10 

2011 12 

2012 14 

2013 16 

2014 18 

2015 20.". 

42 use 8253 (2) REPORTING BASELINE.— The energy reduction goals and 

"°t«. baseline estabhshed in paragraph (1) of section 543(a) of the 



90 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 607 

National Energy Conservation Policy Act (42 U.S.C. 8253(a)(1)), 
as amended by this subsection, supersede all previous goals 
and baselines under such paragraph, and related reporting 
requirements. 

(b) Review and Revision of Energy Performance Require- 
ment. — Section 543(a) of the National Energy Conservation Policy 
Act (42 U.S.C. 8253(a)) is further amended by adding at the end 
the following: 

"(3) Not later than December 31, 2014, the Secretary shall Deadline, 
review the results of the implementation of the energy performance 
requirement established under paragraph (1) and submit to Con- 
gress recommendations concerning energy performance require- 
ments for fiscal years 2016 through 2025.". 

(c) Exclusions. — Section 543(c)(1) of the National Energy Con- 
servation PoUcy Act (42 U.S.C. 8253(c)(1)) is amended by striking 
"An agency may exclude" and all that follows through the end 
and inserting "(A) An agency may exclude, from the energy perform- 
ance requirement for a fiscal year established under subsection 
(a) and the energy management requirement established under 
subsection (b), any Federal building or collection of Federal 
buildings, if the head of the agency finds that — 

"(i) compliance with those requirements would be impracti- 
cable; 

"(ii) the agency has completed and submitted all federally 
required energy management reports; 

"(iii) the agency has achieved compliance with the energy 
efficiency requirements of this Act, the Energy Policy Act of 
1992, Executive orders, and other Federal law; and 

"(iv) the agency has implemented all practicable, Ufe cycle 
cost-effective projects with respect to the Federal building or 
collection of Federal buildings to be excluded. 
"(B) A finding of impracticability under subparagraph (AXi) 
shall be based on — 

"(i) the energy intensiveness of activities carried out in 
the Federal building or collection of Federal buildings; or 

"(ii) the fact that the Federal building or collection of 
Federal buildings is used in the performance of a national 
security function.". 

(d) Review by Secretary.— Section 543(c)(2) of the National 
Energy Conservation Pohcy Act (42 U.S.C. 8253(c)(2)) is amended— 

(1) by striking "impracticability standards" and inserting 
"standards for excliision '; 

(2) by striking "a finding of impracticability and inserting 
"the exclusion"; and 

(3) by striking "energy consumption requirements" and 
inserting "requirements of subsections (a) and (b)(1)". 

(e) Criteria. — Section 543(c) of the National Energy Conserva- 
tion Pohcy Act (42 U.S.C. 8253(c)) is further amended by adding 
at the end the following: 

"(3) Not later than 180 days after the date of enactment of Deadline, 
this paragraph, the Secretary shall issue guidelines that estabUsh Guidelines, 
criteria for exclusions under paragraph (1).". 

(f) Retention of Energy and Water Savings.— Section 546 
of the National Energy Conservation Policy Act (42 U.S.C. 8256) 
is amended by adding at the end the following new subsection: 

"(e) Retention of Energy and Water Savings.— An agency 
may retain any funds appropriated to that agency for energy 



91 



119 STAT. 608 PUBLIC LAW 109-58— AUG. 8, 2005 

expenditures, water expenditures, or wastewater treatment 
expenditures, at buildings subject to the requirements of section 
543(a) and (b), that are not made because of energy savings or 
water savings. Except as otherwise provided by law, such funds 
may be used only for energy efficiency, water conservation, or 
unconventional and renewable energy resources projects. Such 
projects shall be subject to the requirements of section 3307 of 
title 40, United States Code.". 

(g) Reports. — Section 548(b) of the National Energy Conserva- 
tion Policy Act (42 U.S.C. 8258(b)) is amended— 

(1) in the subsection heading, by inserting "the President 
and" before "Congress"; and 

(2) by inserting "President and" before "Congress". 

(h) Conforming Amendment. — Section 550(d) of the National 
Energy Conservation Policy Act (42 U.S.C. 8258b(d)) is amended 
in the second sentence by striking "the 20 percent reduction goal 
established under section 543(a) of the National Energy Conserva- 
tion PoUcy Act (42 U.S.C. 8253(a))." and inserting "each of the 
energy reduction goals established under section 543(a).". 

SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNTABILITY. 

Section 543 of the National Energy Conservation Policy Act 
(42 U.S.C. 8253) is further amended by adding at the end the 
following: 

"(e) Metering of Energy Use.— 

"(1) Deadline. — By October 1, 2012, in accordance with 
guidelines established by the Secretary under paragraph (2), 
all Federal buildings shall, for the purposes of efficient use 
of energy and reduction in the cost of electricity used in such 
buildings, be metered. Each agency shall use, to the maximum 
extent practicable, advanced meters or advanced metering 
devices that provide data at least daily and that measure 
at least hovu-ly consumption of electricity in the Federal 
buildings of the agency. Such data shall be incorporated into 
existing Federal energy tracking systems and made available 
to Federal facility managers. 
"(2) Guidelines.— 
Deadline. "(A) In GENERAL. — Not later than 180 days after the 

date of enactment of this subsection, the Secretary, in 
consultation with the Department of Defense, the General 
Services Administration, representatives from the metering 
industry, utility industry, energy services industry, energy 
efficiency industry, energy efficiency advocacy organiza- 
tions, national laboratories, universities, and Federal 
facility managers, shedl establish guidelines for agencies 
to ceury out paragraph (1). 

"(B) REQUIREMENTS FOR GUIDELINES. — The guidelines 
shall— 

"(i) take into consideration — 

"(I) the cost of metering and the reduced cost 
of operation and maintenance expected to result 
from metering; 

"(II) the extent to which metering is expected 
to result in increased potential for energy mzinage- 
ment, increased potential for energy savings and 
energy efficiency improvement, and cost and 



92 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 609 



energy savings due to utility contract aggregation; 
and 

"(III) the measurement and verification proto- 
cols of the Depsutment of Energy; 
"(ii) include recommendations concerning the 
amount of funds and the number of trained personnel 
necessary to gather and use the metering information 
to track and reduce energy use; 

"(iii) estabhsh priorities for types and locations 
of buildings to be metered based on cost-effectiveness 
and a schedule of one or more dates, not later than 
1 year after the date of issuance of the guidelines, 
on which the requirements specified in paragraph (1) 
shall take effect; and 

"(iv) establish exclusions fi-om the requirements 
specified in paragraph (1) based on the de minimis 
quantity of energy use of a Federal building, industrial 
process, or structure. 
"(3) Plan. — Not later than 6 months after the date guide- 
lines are established under paragraph (2), in a report submitted 
by the agency under section 548(a), each agency shall submit 
to the Secretary a plan describing how the agency will imple- 
ment the requirements of paragraph (1), including (A) how 
the agency will designate personnel primarily responsible for 
achieving the requirements and (B) demonstration by the 
agency, complete with documentation, of any finding that 
advanced meters or advanced metering devices, as defmed in 
paragraph (1), are not practicable.". 

SEC, 104. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS. 

(a) Requirements. — Part 3 of title V of the National Energy 
Conservation PoUcy Act (42 U.S.C. 8251 et seq.), as amended by 
section 101, is amended by adding at the end the following: 

"SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PROD- 
UCTS. 

"(a) DEFiNrnoNS. — ^In this section: 

"(1) Agency. — ^The term 'agency' has the mezming given 
that term in section 7902(a) of title 5, United States Code. 

"(2) Energy star product.— -The term "Energy Star 
product' means a product that is rated for energy efficiency 
under an Energy Star program. 

"(3) Energy star program.— The term "Energy Star pro- 

f'am' means the program established by section 324A of the 
nergy Policy and Conservation Act. 

"(4) FEMP DESIGNATED PRODUCT.— The term TEMP des- 
lated product' means a product that is designated under 



me Federal Energy Management Program of the Department 
of Energy as being among the highest 25 percent of equivalent 
products for energy efficiency. 

"(5) Product. — ^The term 'product' does not include any 
energy consuming product or system designed or procured for 
combat or combat-related missions, 
"(b) Procurement of Energy Efficient Products. — 

"(1) Requirement. — ^To meet the requirements of an agency 
for an energy consuming product, the head of the agency shall, 
except as provided in paragraph (2), procure — 
"(A) £m Energy Star product; or 



Deadline. 



42 use 8259b. 



93 



119 STAT. 612 PUBLIC LAW 109-58— AUG. 8, 2005 

42 use 15812. SEC. 107. ADVANCED BUILDING EFFICIENCY TESTBED. 

(a) Establishment. — ^The Secretary, in consultation with the 
Administrator of General Services, shall establish an Advanced 
Building Efficiency Testbed program for the development, testing, 
and demonstration of advanced engineering systems, components, 
and materials to enable innovations in building technologies. The 
program shedl evaluate eflBciency concepts for government and 
industry buildings, and demonstrate the ability of next generation 
buildings to support individual and organizational productivity and 
health (including by improving indoor air quality) as well as flexi- 
bility and technological change to improve environmental sustain- 
abUity. Such program shall complement and not duplicate existing 
national programs. 

(b) Participants. — ^The program established under subsection 
(a) shall be led by a university with the abiUty to combine the 
expertise from numerous academic fields including, at a minimum, 
intelUgent workplaces and advanced building systems and 
engineering, electrical and computer engineering, computer science, 
architecture, urban desi^, and environmental and mechanical 
engineering. Such university shall partner with other universities 
and entities who have estabUshedf programs and the capabiHty 
of advancing iimovative building efficiency technologies. 

(c) Authorization of Appropriations.— ^There are authorized 
to be appropriated to the Secretary to carry out this section 
$6,000,000 for each of the fiscal years 2006 through 2008, to remain 
available until expended. For any fiscal yezir in which funds are 
expended under this section, the Secretary shall provide one-third 
of the total amotmt to the lead university described in subsection 
(b), and provide the remaining two-thirds to the other participants 
referred to in subsection (b) on an equal basis. 

SEC. 108. INCREASED USE OF RECOVERED MINERAL COMPONENT IN 
FEDERALLY FUNDED PROJECTS INVOLVING PROCURE- 
MENT OF CEMENT OR CONCRETE. 

(a) Amendment.— Subtitle F of the SoHd Waste Disposal Act 
(42 U.S.C. 6961 et seq.) is amended by adding at the end the 
following: 

42 use 6966. "INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY 

FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT OR CON- 
CRETE 

"Sec. 6005. (a) Definitions. — In this section: 

"(1) Agency head. — ^The term 'agency head' means — 
"(A) the Secretary of Transportation; and 
"(B) the head of any other Federal agency that, on 
a regular basis, procures, or provides Federal funds to 
pay or assist in paying the cost of procuring, material 
for cement or concrete projects. 

"(2) Cement or concrete project.— The term 'cement 
or concrete project' means a project for the construction or 
maintenance of a highway or other transportation facihty or 
a Federal, State, or local government building or other pubhc 
facility that — 

"(A) involves the procurement of cement or concrete; 
and 

"(B) is carried out, in whole or in part, using Federal 
funds. 



94 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 613 

"(3) Recovered mineral component.— The term 'recov- 
ered mineral component' means — 

"(A) ground granulated blast furnace slag, excluding 
lead slag; 

"(B) coal combustion fly ash; and 

"(C) £my other waste materi£d or b3T>roduct recovered 
or diverted from solid waste that the Administrator, in 
consultation with an agency head, determines should be 
treated as recovered mineral component under this section 
for use in cement or concrete projects paid for, in whole 
or in part, by the agency head. 
"(b) Implementation of Requirements. — 

"(1) In general. — Not later them 1 year after the date Deadline, 
of enactment of this section, the Administrator and each agency 
head shall take such actions as are necessary to implement 
fully all procurement requirements and incentives in effect 
as of the date of enactment of this section (including guidelines 
under section 6002) that provide for the use of cement and 
concrete incorporating recovered mineral component in cement 
or concrete projects. 

"(2) F*riority. — In carrying out paragraph (1), an agency 
head shedl give priority to achieving greater use of recovered 
mineral component in cement or concrete projects for which 
recovered mineral components historically have not been used 
or have been used only minimally. 

"(3) Federal procurement requirements.— The Adminis- 
trator and each agency head shall carry out this subsection 
in accordance with section 6002. 
"(c) Full Implementation Study. — 

"(1) In general. — The Administrator, in cooperation with 
the Secretary of Transportation and the Secretary of Energy, 
shall conduct a study to determine the extent to which procure- 
ment requirements, when fully implemented in accordance with 
subsection (b), may realize energy savings and environmental 
benefits attainable with substitution of recovered mineral 
component in cement used in cement or concrete projects. 
"(2) Matters to be addressed.— The study shall — 
"(A) quantify— 

"(i) the extent to which recovered mineral compo- 
nents are being substituted for Portland cement, 
particularly as a result of procurement requirements; 
and 

"(ii) the energy savings and environmental benefits 
associated with the substitution; 

"(B) identify all barriers in procurement requirements 
to greater realization of energy savings and environmental 
benefits, including barriers resulting from exceptions firom 
the law; and 

"(C)(i) identify potential mechanisms to achieve greater 
substitution of recovered mineral component in types of 
cement or concrete projects for which recovered mineral 
components historically have not been used or have been 
used only minimally; 

"(ii) evaluate the feasibihty of establishing guidelines 
or standards for optimized substitution rates of recovered 
mineral component in those cement or concrete projects; 
and 



95 



119 STAT. 614 



PUBLIC LAW 109-58— AUG. 8, 2005 



"(iii) identify any potential environmental or economic 
effects that may resvdt from greater substitution of recov- 
ered mineral component in those cement or concrete 
projects. 

"(3) Report.— Not later than 30 months after the date 
of enactment of this section, the Administrator shall submit 
to Congress a report on the study. 
Deadline. "(d) ADDITIONAL PROCUREMENT REQUIREMENTS.— Unless the 

study conducted under subsection (c) identifies any effects or other 
problems described in subsection (c)(2)(C)(iii) that warrant further 
review or delay, the Administrator and each agency head shall, 
not later than 1 year after the date on which the report under 
subsection (c)(3) is submitted, take additional actions under this 
Act to establish procurement requirements and incentives that pro- 
vide for the use of cement and concrete with increased substitution 
of recovered mineral component in the construction and mainte- 
nance of cement or concrete projects — 

"(1) to realize more fully the energy savings and environ- 
mental benefits associated with increased substitution; and 

"(2) to eliminate barriers identified under subsection 
(c)(2)(B). 

"(e) Effect of Section. — Nothing in this section affects the 
requirements of section 6002 (including the guidelines and specifica- 
tions for implementing those requirements).". 

(b) Conforming Amendment.— The table of contents of the 
Solid Waste Disposal Act is amended by adding after the item 
relating to section 6004 the following: 

"Sec. 6005. Increased use of recovered mineral component in federally funded 
projects involving procurement of cement or concrete.". 

SEC. 109. FEDERAL BUILDING PERFORMANCE STANDARDS. 

Section 305(a) of the Energy Conservation and Production Act 
(42 U.S.C. 6834(a)) is amended— 

(1) in paragraph (2)(A), by striking "CABO Model Energy 
Code, 1992 (in the case of residential buildings) or ASHRAE 
Standard 90.1-1989" and inserting "the 2004 International 
Energy Conservation Code (in the case of residential buildings) 
or ASHRAE Standard 90.1-2004"; and 

(2) by adding at the end the following: 

Deadline. "(3)(A) Not later than 1 year after the date of enactment of 

Regulations. this paragraph, the Secretary shall establish, by rule, revised Fed- 

eral building energy efficiency performance standards that require 
that— 

"(i) if life-cycle cost-effective for new Federal buildings — 
"(I) the bviildings be designed to achieve energy 
consumption levels that are at least 30 percent below the 
levels established ia the version of the ASHRAE Standard 
or the International Energy Conservation Code, as appro- 
priate, that is in effect as of the date of enactment of 
this paragraph; and 

"(II) sustainable design principles are applied to the 
siting, design, and construction of ^1 new and replacement 
buildings; and 

"(ii) if water is used to achieve energy efficiency, water 
conservation technologies shall be applied to the extent that 
the technologies are life-cycle cost-effective. 



96 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 615 



"(B) Not later than 1 year after the date of approval of each Deadline, 
subsequent revision of the ASHRAE Standard or the International 
Energy Conservation Code, as appropriate, the Secretary shall 
determine, based on the cost-effectiveness of the requirements under 
the amendment, whether the revised standards established under 
this paragraph should be updated to reflect the amendment. 

"(C) In the budget request of the Federal agency for each 

fiscal year and each report submitted by the Federal agency under 

section 548(a) of the National Energy Conservation Policy Act (42 

U.S.C. 8258(a)), the head of each Federal agency shall include — 

"(i) a list of all new Federal buildings owned, operated, 

or controlled by the Federal agency; and 

"(ii) a statement specifying whether the Federal buildings 

meet or exceed the revised standards established under this 

paragraph.". 

SEC. 110. DAYLIGHT SAVINGS. 

(a) Amendment. — Section 3(a) of the Uniform Time Act of 1966 
(15 U.S.C. 260a(a)) is amended— 

(1) by striking "first Sunday of April" and inserting "second 
Sunday of Msirch"; and 

(2) by striking "last Sunday of October" and inserting "first 
Sunday of November". 

(b) Effective Date. — Subsection (a) shall take effect 1 year i5USC260a 
after the date of enactment of this Act or March 1, 2007, whichever note 

is later. 

(c) Report to Congress.— Not later than 9 months after the 15 use 260a 
effective date stated in subsection (b), the Secretary shall report note. 

to Congress on the impact of this section on energy consumption 
in the United States. 

(d) Right to Revert. — Congress retains the right to revert 
the DayHght Saving Time back to the 2005 time schedules once 
the Department study is complete. 

SEC. 111. ENHANCING ENERGY EFFICIENCY IN MANAGEMENT OF FED- 42 USC 15813. 
ERAL LANDS. 

(a) Sense of the Congress. — It is the sense of the Congress 
that Federal agencies should enhance the use of energy efficient 
technologies in the management of natural resources. 

(b) Energy Efficient Buildings. — ^To the extent practicable, 
the Secretary of the Interior, the Secretary of Commerce, and the 
Secretary of Agriculture shall seek to incorporate energy efficient 
technologies in pubUc and administrative buildings associated with 
memagement of the National Park System, National Wildlife Refuge 
System, National Forest System, National Marine Sanctuaries 
System, and other public lands and resources managed by the 
Secretaries. 

(c) Energy Efficient Vehicles.— To the extent practicable, 
the Secretary of the Interior, the Secretary of Commerce, and the 
Secretary of Agriculture shaJl seek to use energy efficient motor 
vehicles, including vehicles equipped with biodiesel or hybrid engine 
technologies, in the management of the National Park System, 
National Wildlife Refuge System, National Forest System, National 
Marine Sanctuaries System, and other pubHc lands and resources 
managed by the Secretaries. 



97 



119 STAT. 622 



PUBLIC LAW 109-58— AUG. 8, 2005 



Appropriation 
authorization. 



42 use 15831. 
Deadline. 



trade associations, industry members, and energy efficiency 
organizations. 

"(d) Small Business Education and Assistance.— (1) The 
Administrator of the Small Business Administration, in consultation 
with the Secretary and the Administrator of the Environmental 
Protection Agency, shall develop and coordinate a Government- 
wide program, building on the Energy Star for Small Business 
Program, to assist small businesses in — 

"(A) becoming more energy efficient; 

"(B) vmderstanding the cost savings from improved energy 
efficiency; 

"(C) imderstanding and accessing Federal procurement 
opportunities with regard to Energy Star technologies and prod- 
ucts; and 

"(D) identifying financing options for energy efficiency 
upgrades. 

"(2) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the SmaU Business 
Administration shall — 

"(A) make program information available to small business 
concerns directly through the district offices and resource part- 
ners of the Small Business Administration, including small 
business development centers, women's business centers, and 
the Service Corps of Retired Executives (SCORE), and through 
other Federal agencies, including the Federal Emergency 
Management Agency and the Department of Agriculture; and 
"(B) coordinate assistance with the Secretary of Commerce 
for manufactiuing-related efforts, including the Mgrnufacturing 
Extension Partnership Program. 

"(3) The Secretary, on a cost shared basis in cooperation with 
the Administrator of the Environmental Protection Agency, shall 
provide to the Small Business Administration all advertising, mar- 
keting, and other written materials necessary for the dissemination 
of information under paragraph (2). 

"(4) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration, as part of the outreach to small business concerns 
imder the Energy Star Program for Small Business Program, may 
enter into cooperative agreements with qualified resources partners 
(including the National Center for Appropriate Technology) to estab- 
lish, maintain, and promote a Small Business Energy Clearinghouse 
(in this subsection referred to as the 'Clearinghouse'). 

"(5) The Secretary, the Administrator of the Environmental 
Protection Agency, and the Administrator of the Small Business 
Administration shall ensure that the Clearinghouse provides a cen- 
tralized resource where small business concerns may access, tele- 
phonically and electronically, technical information and advice to 
help increase energy efficiency and reduce energy costs. 

"(6) There are authorized to be appropriated such sums as 
are necessary to carry out this subsection, to remain available 
until expended.". 

SEC. 133. PUBLIC ENERGY EDUCATION PROGRAM. 

(a) In General.— Not later than 180 days after the date of 
enactment of this Act, the Secretary shall convene an organizational 
conference for the purpose of establishing an ongoing, self-sus- 
taining national pubUc energy education program. 



98 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 623 

(b) Participants. — ^The Secretary shall invite to participate 
in the conference individuals and entities representing aU aspects 
of energy production and distribution, including — 

(1) industrial firms; 

(2) professional societies; 

(3) educational organizations; 

(4) trade associations; and 

(5) governmental agencies. 

(c) Purpose, Scope, and Structure.— 

(1) Purpose. — The purpose of the conference shall be to 
establish an ongoing, self-sustaining national public energy edu- 
cation program to examine and recognize interrelationships 
between energy sources in all forms, including — 

(A) conservation and enei^ efficiency; 

(B) the role of energy use in the economy; and 

(C) the impact of energy use on the environment. 

(2) Scope and structure.— Taking into consideration the 
purpose described in paragraph (1), the participants in the 
conference invited vmder subsection (b) shall design the scope 
and structure of the program described in subsection (a). 

(d) Technical Assistance. — ^The Secretary shall provide tech- 
nical assistance and other guidance necessary to carry out the 
program described in subsection (a). 

(e) Authorization of Appropriations.— There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 

SEC. 134. ENERGY EFFICIENCY PUBLIC INFORMATION INITIATrVE. 42 USC 15832. 

(a) In General. — ^The Secretary shall carry out a comprehen- 
sive national program, including advertising and media awareness, 
to inform consumers about — 

(1) the need to reduce energy consumption during the 4- 
year period beginning on the date of enactment of this Act; 

(2) the benefits to consumers of reducing consumption of 
electricity, natural gas, and petroleum, particularly during peak 
use periods; 

(3) the importance of low energy costs to economic growth 
and preserving manufacturing jobs in the United States; £md 

(4) practical, cost-effective measures that consumers can 
take to reduce consumption of electricity, natural gas, and 
gasoline, including — 

(A) maintaining and repairing heating and cooling 
ducts and equipment; 

(B) weatherizing homes and buildings; 

(C) piu"chasing energy efficient products; and 

(D) proper tire maintenance. 

(b) Cooperation. — ^The program carried out under subsection 
(a) shall— 

(1) include collaborative efforts with State and local govern- 
ment officials and the private sector; and 

(2) incorporate, to the maximxim extent practicable, success- 
fill State and local public education programs. 

(c) Report.— Not later than July 1, 2009, the Secretary shall 
submit to Congress a report describing the effectiveness of the 
program under this section. 

(d) Termination of Authority.- The program carried out 
under this section shall terminate on December 31, 2010. 



99 



119 STAT. 650 



PUBLIC LAW 109-58— AUG. 8, 2005 



42 use 15842. 



Reports. 
Deadlines. 



(3) in subsection (c) — 

(A) in the heading, by inserting "AND the Inter- 
national Energy Conservation Code" after "Model 
Energy Code"; and 

(B) by inserting ", or, with respect to rehabilitation 
and new construction of public and assisted housing funded 
by HOPE VI revitalization grants under section 24 of the 
United States Housing Act of 1937 (42 U.S.C. 1437v), the 
2003 International Energy Conservation Code" after 
"1989". 

SEC. 154. ENERGY STRATEGY FOR HUD. 

The Secretary of Housing and Urban Development shall develop 
and implement an integrated strategy to reduce utility expenses 
through cost-effective energy conservation and efficiency measures 
and energy efficient design and construction of pubHc and assisted 
housing. The energy strategy shall include the development of 
energy reduction goals and incentives for pubUc housing agencies. 
The Secretary shall submit a report to Congress, not later than 
1 year after the date of the enactment of this Act, on the energy 
strategy and the actions taken by the Department of Housing 
and Urban Development to monitor the energy usage of public 
housing agencies and shall submit an update every 2 years there- 
after on progress in implementing the strategy. 

TITLE II— RENEWABLE ENERGY 
Subtitle A — General Provisions 



42 use 15851. SEC. 201. ASSESSMENT OF RENEWABLE ENERGY RESOURCES. 

Deadlines. (a) RESOURCE ASSESSMENT. — Not later than 6 months after 

the date of enactment of this Act, and each year thereafter, the 
Secretary shall review the available assessments of renewable 
energy resources within the United States, including solar, wind, 
biomass, ocean (including tidal, wave, current, and thermal), geo- 
thermal, and hydroelectric energy resources, and undertake new 
assessments as necessary, taking into account changes in market 
conditions, available technologies, and other relevant factors. 

(b) Contents of Reports.— Not later than 1 year afl«r the 
date of enactment of this Act, and each year thereafter, the Sec- 
retary shallpublish a report based on the assessment under sub- 
section (a). The report shall contain — 

(1) a detailed inventory describing the avedlable amount 
and characteristics of the renewable energy resources; and 

(2) such other information as the Secreteiry beUeves would 
be useful in developing such renewable energy resources, 
including descriptions of surrounding terrain, population and 
load centers, nearby energy infrastructure, location of energy 
and water resources, and available estimates of the costs needed 
to develop each resource, together with an identification of 
any barriers to providing adequate transmission for remote 
sources of renewable energy resources to current and emerging 
markets, recommendations for removing or addressing such 
barriers, and ways to provide access to the grid that do not 
unfairly disadvantage renewable or other energy producers. 



100 



119 STAT. 652 PUBLIC LAW 109-58— AUG. 8, 2005 

(f) Termination of Authority. — Section 1212(f) of the Energy 
Policy Act of 1992 {42 U.S.C. 13317(f)) is amended by striking 
"the expiration of and all that follows through "of this section" 
and inserting "September 30, 2026". 

(g) Authorization of Appropriations. — Section 1212 of the 
Energy PoUcy Act of 1992 (42 U.S.C. 13317) is amended by striking 
subsection (g) and inserting the following: 

"(g) Authorization of Appropriations. — ^There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2006 through 2026, to remain avail- 
able until expended.". 

42 use 15852. SEC. 203. FEDERAL PURCHASE REQUIREMENT. 

President. (a) REQUIREMENT. — ^The President, acting through the Sec- 

retary, shall seek to ensure that, to the extent economically feasible 
and technically practicable, of the total amount of electric energy 
the Federal Government consumes during any fiscal year, the fol- 
lowing amounts shall be renewable energy: 

(1) Not less than 3 percent in fiscal years 2007 through 
2009. 

(2) Not less than 5 percent in fiscal years 2010 through 
2012. 

(3) Not less than 7.5 percent in fiscal year 2013 and each 
fiscal year thereafter. 

(b) Definitions.— In this section: 

(1) BlOMASS. — The term "biomass" means any lignin waste 
material that is segregated from other waste materials and 
is determined to be nonhazardous by the Administrator of 
the Environmental Protection Agency and any solid, nonhaz- 
ardous, cellulosic material that is derived firom — 

(A) any of the following forest-related resources: mill 
residues, precommercial thinnings, slash, and brush, or 
nonmerchantable material; 

(B) solid wood waste materials, including waste pallets, 
crates, dimnage, manufacturing and construction wood 
wastes (other than pressure-treated, chemically-treated, or 
painted wood wastes), and lemdscape or right-of-way tree 
trimmings, but not including municipal solid waste (gar- 
bage), g£is derived fi"om the biodegradation of solid waste, 
or paper that is commonly recycled; 

(C) agriculture wastes, including orchard tree crops, 
vineyard, grain, legumes, sugar, and other crop by-products 
or residues, and livestock waste nutrients; or 

(D) a plant that is grown exclusively as a fuel for 
the production of electricity. 

(2) Renewable energy.— The term "renewable energy" 
means electric energy generated from solar, wind, biomass, 
landfill gas, ocean (including tidal, wave, current, and thermal), 
g:eothermal, municipal solid waste, or new hydroelectric genera- 
tion capacity achieved fi"om increased efficiency or additions 
of new capacity at an existing hydroelectric project. 

(c) Calculation. — For purposes of determining compliance 
with the requirement of this section, the amount of renewable 
energy shall be doubled if — 

(1) the renewable energy is produced and used on-site 
at a Federal facility; 



101 



119 STAT. 660 



PUBLIC LAW 109-58— AUG. 8, 2005 



John Rishel 

Geotiiermal 

Steam Act 

Amendments of 

2005. 

30 use 1001 

note. 



(e) Report.— Not later than October 1, 2010, the Secretary 
of Agriculture, in consultation with the Secretary of the Interior, 
shaU submit to the Committee on Energy and Natural Resources 
and the Committee on Agriculture, Nutrition, and Forestry of the 
Senate, and the Conunittee on Resources, the Conunittee on Energy 
and Commerce, and the Committee on Agriculture of the House 
of Representatives, a report describing the results of the grant 
programs authorized by this section. TTie report shall include the 
following: 

(1) An identification of the size, type, and use of biomass 
by peraons that receive grants imder this section. 

(2) The distance between the land from which the biomass 
was removed and the facility that used the biomass. 

(3) The economic impacts, particularly new job creation, 
resulting from the grants to and operation of the eUgible oper- 
ations. 

SEC. 211. SENSE OF CONGRESS REGARDING GENERATION CAPACITY 
OF ELECTRICITY FROM RENEWABLE ENERGY 
RESOURCES ON PUBLIC LANDS. 

It is the sense of the Congress that the Secretary of the Interior 
should, before the end of ttie 10-year period beginning on the 
date of enactment of this Act, seek to have approved non-hydro- 
power renewable energy projects located on the public lands with 
a generation capacity of at least 10,000 megawatts of electricity. 

Subtitle B — Geothermal Energy 

SEC. 221. SHORT TITLE. 

This subtitle may be cited as the "John Rishel Greothermal 
Steam Act Amendments of 2005". 
SEC. 222. COMPETITIVE LEASE SALE REQUIREMENTS. 

Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003) is amended to read as follows: 

"SEC. 4. LEASING PROCEDURES. 

"(a) Nominations. — The Secretary shall accept nominations of 
land to be leased at any time from qualified companies and individ- 
uals under this Act. 

"(b) Competitive Lease Sale Required. — 

"(1) In general. — Except as otherwise specifically provided 
by this Act, all land to be leased that is not subject to leasing 
under subsection (c) shall be leased as provided in this sub- 
section to the highest responsible qualified bidder, as deter- 
mined by the Secretary. 

"(2) Competitive lease sales.— The Secretary shall hold 
a competitive lease sale at least once every 2 years for land 
in a State that has nominations pending under subsection 
(a) if the land is otherwise avmlable for leasing. 

"(3) Lands subject to mining claims.— Lands that are 
subject to a mining claim for which a plan of operations has 
been approved by the relevemt Federal land management 
agency may be available for noncompetitive leasing xinder this 
section to the mining claim holder. 

"(c) Noncompetitive Leasing.— The Secretary shall make 
available for a period of 2 years for noncompetitive leasing any 



102 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 661 

tract for which a competitive lease sale is held, but for which 
the Secretary does not receive any bids in a competitive lease 
sale. 

"(d) Pending Lease Applications. — 

"(1) In general. — It shall be a priority for the Secretary, 
and for the Secretary of Agriculture with respect to National 
Forest Systems land, to ensure timely completion of administra- 
tive actions, including amendments to applicable forest plans 
and resource management plans, necessary to process applica- 
tions for geothermal leasing pending on the date of enactment 
of this subsection. All future forest plans and resource manage- 
ment plans for areas with high geothermal resource potential 
shall consider geothermal leasing and development. 

"(2) Administration. — ^An application described in para- 
graph (1) and any lease issued pursuant to the application — 
"(A) except as provided in subparagraph (B), shall be 
subject to this section as in effect on the day before the 
date of enactment of this paragraph; or 

"(B) at the election of the applicant, shall be subject 

to this section as in effect on the effective date of this 

paragraph. 

"(e) Leases Sold as a Block. — If information is available 

to the Secretary indicating a geothermal resource that could be 

produced as 1 unit can reasonably be expected to underlie more 

than 1 parcel to be offered in a competitive lease sale, the parcels 

for such a resource may be offered for bidding as a block in the 

competitive lease sale.". 

SEC. 223. DIRECT USE. 

(a) Fees for Direct Use.— Section 5 of the Geothermal Steam 
Act of 1970 (30 U.S.C. 1004) is amended— 

(1) in subsection (c), by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 

(2) by redesignating subsections (a) through (d) as para- 
graphs (1) through (4), respectively; 

(3) by inserting "(a) In General.—" afler "Sec. 5."; and 

(4) by adding at the end the following: 
"(b) Direct Use. — 

"(1) In general. — Notwithstanding subsection (a)(1), the Fees. 
Secretary shall estabhsh a schedule of fees, in heu of royalties 
for geothermal resources, that a lessee or its affiliate — 

"(A) uses for a purpose other than the commercial 
generation of electricity; and 

"(B) does not sell. 
"(2) Schedule of fees.— The schedtde of fees — 

"(A) may be based on the quantity or thermal content, 
or both, of geothermal resovu"ces used; 

"(B) shall ensure a fair return to the United States 
for use of the resource; and 

"(C) shall encourage development of the resource. 
"(3) State, tribal, or local governments.— If a State, 
tribal, or local government is the lessee and uses geothermal 
resources without sale and for pubUc purposes other than 
commercial generation of electricity, the Secretary shall charge 
only a nominal fee for use of the resource. 

* ****** 



103 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 665 



(i) in the case of a lease for direct use, the schedule 
of fees established by the Secretary under section 5 
of the Geothermal Steam Act of 1970 (30 U.S.C. 1004); 
or 

(ii) in the case of any other lease, the royalty 
for the lease estabUshed under paragraph (1)(B); and 
(B) the modification shall apply to any use of geo- 
thermal resources to which subsection (a) appUes that 
occurs after the date of the modification. 
(4) Consultation.— The Secretary of the Interior shall 
consult with the State and local governments affected by any 
proposed changes in lease royalty terms under this subsection. 

SEC. 226. COORDINATION OF GEOTHERMAL LEASING AND PERMTmNG 42 USC 15871. 
ON FEDERAL LANDS. 

(a) In General. — Not later than 180 days after the date of Deadline, 
enactment of this section, the Secretary of the Interior and the Memorandum. 
Secretary of Agriculture shall enter into and submit to Congress 

a memorandum of understanding in accordance with this section, 
the Geothermal Steam Act of 1970 (as amended by this Act), and 
other applicable laws, regarding coordination of leasing and permit- 
ting for geothermal development of public lands and National Forest 
System lands under their respective jurisdictions. 

(b) Lease and Permit Applications.— The memorandum of 
understanding shall — 

(1) establish an administrative procedure for processing 
geothermal lease appHcations, including lines of authority, steps 
in application processing, and time limits for apphcation proces- 
sion; 

(2) establish a 5-year program for geothermal leasing of 
lands in the National Forest System, and a process for updating 
that program every 5 years; and 

(3) establish a program for reducing the backlog of geo- Effective date, 
thermal lease application pending on January 1, 2005, by 90 

percent within the 5-year period beginning on the date of 
enactment of this Act, including, as necessary, by issuing leases, 
rejecting lease applications for failure to comply with the provi- 
sions of the regulations under which they were filed, or deter- 
mining that an original applicant (or the apphcant's assigns, 
heirs, or estate) is no longer interested in pursuing the lease 
application. 

(c) Data Retrieval System. — ^The memorandum of under- 
standing shall estabUsh a joint data retrieval system that is capable 
of tracking lease and permit applications and providing to the 
applicant information as to their status within the Departments 
of the Interior and Agriculture, including an estimate of the time 
required for administrative action. 



SEC. 226. assessment OF GEOTHERMAL ENERGY POTENTIAL. 

Not later than 3 years after the date of enactment of this 
Act and thereafter as the avaUabihty of data and developments 
in technology warrants, the Secretary of the Interior, acting through 
the Director of the United States Geological Survey and in coopera- 
tion with the States, shedl — 

(1) update the Assessment of Geothermal Resources made 
during 1978; and 

(2) submit to Congress the updated assessment. 



Deadline. 

42 USC 15872. 



104 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 673 

"SEC. 17. ADMINISTRATION. 

"Administration". 

(18) Section 19 (30 U.S.C. 1018) is amended by striking 
"SEC. 19. Upon" and inserting the following: 

"SEC. 19. DATA FROM FEDERAL AGENCIES. 

"Upon". 

(19) Section 21 (30 U.S.C. 1020) is further amended by 
striking "SEC. 21.", and by inserting immediately before and 
above the remainder of that section the following: 

"SEC. 21. PUBLICATION IN FEDERAL REGISTER; RESERVATION OF MIN- 
ERAL RIGHTS.". 

(20) Section 22 (30 U.S.C. 1021) is amended by striking 
"SEC. 22. Nothing" and inserting the following: 

"SEC. 22. FEDERAL EXEMPTION FROM STATE WATER LAWS. 

"Nothing". 

(21) Section 23 (30 U.S.C. 1022) is amended by striking 
"SEC. 23. (a) All" and inserting the following: 

"SEC. 23. PREVENTION OF WASTE; EXCLUSIVITY. 

"(a) All". 

(22) Section 24 (30 U.S.C. 1023) is amended by striking 
"sec. 24. The" and inserting the following: 

"SEC. 24. RULES AND REGULATIONS. 

"The". 

(23) Section 25 (30 U.S.C. 1024) is amended by striking 
"SEC. 25. As" and inserting the following: 

"SEC. 25. INCLUSION OF GEOTHERMAL LEASING UNDER CERTAIN 
OTHER LAWS. 

"As". 

(24) Section 26 is amended by striking "SEC. 26. The" and 30 USC 530. 
inserting the following: 

"SEC. 26. AMENDMENT. 

"The". 

(25) Section 27 (30 U.S.C. 1025) is amended by striking 
"SEC. 27. The" and inserting the following: 

"SEC. 27. FEDERAL RESERVATION OF CERTAIN MINERAL RIGHTS. 

"The". 

(26) Section 28 (30 U.S.C. 1026) is amended by striking 
"SEC. 28. (aXD The" and inserting the following: 

"SEC. 28. SIGNIFICANT THERMAL FEATURES. 

"(a)(1) The". 

(27) Section 29 (30 U.S.C. 1027) is amended by striking 
"SEC. 29. The" and inserting the following: 

"SEC. 29. LAND SUBJECT TO PROHIBITION ON LEASING. 

"The". 

SEC. 237. INTERMOUNTAIN WEST GEOTHERMAL CONSORTIUM. 

(a) Participation Authorized.— The Secretary, acting through 
the Idaho National Laboratory, may participate in a consortixmi 
described in subsection (b) to address science and science policy 



105 



119 STAT. 674 



PUBLIC LAW 109-58— AUG. 8, 2005 



issues surrounding the expanded discovery and use of geothermal 
energy, including from geothermal resources on public lands. 
Establishment. (b) MEMBERS. — The consortium referred to in subsection (a) 

shaU— 

(1) be known as the "Intermountain West Geothermal 
Consortium"; 

(2) be a regional consortium of institutions and government 
agencies that focuses on building collaborative efforts among 
the universities in the State of Idaho, other regional univer- 
sities. State agencies, and the Idaho National Laboratory; 

(3) include Boise State University, the University of Idaho 
(including the Idaho Water Resources Research Institute), the 
Oregon Institute of Technology, the Desert Research Institute 
with the University and Commvmity College System of Nevada, 
and the Energy and Geoscience Institute at the University 
of Utah; 

(4) be hosted and managed by Boise State University; 
and 

(5) have a director appointed by Boise State University, 
and associate directors appointed by each participating institu- 
tion. 

(c) Financial Assistance.— The Secretary, acting through the 
Idaho National Laboratory and subject to the availability of appro- 
priations, will provide financial assistance to Boise State University 
for expenditure under contracts with members of the consortium 
to carry out the activities of the consortium. 

Subtitle C — Hydroelectric 



Deadline. 

Regulations. 

Procedtires. 



Deadline. 



SEC. 241. ALTERNATIVE CONDITIONS AND FISHWAYS. 

(a) Federal Reservations. — Section 4(e) of the Federal Power 
Act (16 U.S.C. 797(e)) is amended by inserting after "adequate 
protection and utilization of such reservation." at the end of the 
first proviso the following: "The license applicant and any party 
to the proceeding shaU be entitled to a determination on the record, 
after opportunity for an agency trial-type hearing of no more than 
90 days, on any disputed issues of materied fact with respect to 
such conditions. AU disputed issues of material fact reused by any 
party shall be determined in a single trial-t3T)e hearing to be 
conducted by the relevant resource agency in accordance with the 
regulations promulgated under this subsection and within the time 
frame established by the Commission for each license proceeding. 
Within 90 days of the date of enactment of the Energy Polity 
Act of 2005, the Secretaries of the Interior, Commerce, and Agri- 
culture shall estabUsh jointly, by rule, the procedxu-es for such 
expedited trial-type hearing, including the opportunity to imdertake 
discovery and cross-examine witnesses, in consultation with the 
Federal Energy Regulatory Commission.". 

(b) FiSHWAYS.— Section 18 of the Federal Power Act (16 U.S.C. 
811) is amended by inserting after "and such fishways as may 
be prescribed by the Secretary of Commerce." the following: "The 
license applicant and any party to the proceeding shall be entitled 
to a determination on the record, after opportunity for an agency 
trial-type hearing of no more than 90 days, on any disputed issues 
of material fact with respect to such fishways. AU disputed issues 
of material fact raised by any party shall be determined in a 



106 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 675 



single trial-t3rpe hesiring to be conducted by the relevant resource 
agency in accordance with the regulations promulgated under this 
subsection and within the time frame established by the Commis- 
sion for each Ucense proceeding. Within 90 days of the date of 
enactment of the Ener^ Pohcy Act of 2005, the Secretaries of 
the Interior, Commerce, and Agriculture shall establish jointly, 
by rule, the procedures for such expedited trial-type hearing, 
including the opportunity to undertake discovery and cross-examine 
witnesses, in consultation with the Federal Energy Regulatory 
Commission.". 

(c) Alternative Conditions and Prescriptions. — Part I of 
the Federal Power Act (16 U.S.C. 791a et seq.) is amended by 
adding the following new section at the end thereof: 

"SEC. 33. ALTERNATIVE CONDITIONS AND PRESCRIPTIONS. 

"(a) Alternative Conditions. — (1) Whenever any person 
applies for a License for any project works within any reservation 
of the United States, and the Secretary of the department under 
whose supervision such reservation falls (referred to in this sub- 
section as the 'Secretary') deems a condition to such license to 
be necessary under the first proviso of section 4(e), the license 
apphcant or any other party to the license proceeding may propose 
an alternative condition. 

"(2) Notwithstanding the first proviso of section 4(e), the Sec- 
retary shall accept the proposed alternative condition referred to 
in paragraph (1), and the Commission shall include in the license 
such alternative condition, if the Secretary determines, based on 
substantial evidence provided by the Ucense applicant, any other 
party to the proceeding, or otherwise available to the Secretary, 
that such alternative condition — 

"(A) provides for the adequate protection and utihzation 

of the reservation; and 

"(B) will either, as compared to the condition initially by 

the Secretary — 

"(i) cost significantly less to implement; or 
"(ii) result in improved operation of the project works 
for electricity production. 

"(3) In making a determination imder paragraph (2), the Sec- 
retary shall consider evidence provided for the record by any party 
to a licensing proceeding, or otherwise available to the Secretary, 
including any evidence provided by the Commission, on the 
implementation costs or operational impacts for electricity produc- 
tion of a proposed alternative. 

"(4) The Secretary concerned shall submit into the public record 
of the Commission proceeding with any condition under section 
4(e) or alternative condition it accepts under this section, a written 
statement explaining the basis for such condition, and reason for 
not accepting any alternative condition under this section. The 
written statement must demonstrate that the Secretary gave equal 
consideration to the effects of the condition adopted and alternatives 
not accepted on energy supply, distribution, cost, and use; flood 
control; navigation; water supply; and air quaUty (in addition to 
the preservation of other aspects of environmental quality); based 
on such information as may be available to the Secretary, including 
information volxintarily provided in a timely memner by the 
apphcant and others. The Secretary shall also submit, together 
with the aforementioned written statement, all studies, data, and 



Deadline. 

Regulationfi. 

Procedures. 



16 use 823d. 



Public 

information. 

Records. 



107 



119 STAT. 676 



PUBLIC LAW 109-58— AUG. 8, 2005 



Deadline. 



Records. 



Public 

information. 

Records. 



other factual information available to the Secretary and relevant 
to the Secretary's decision. 

"(5) If the Commission finds that the Secretary's final condition 
would be inconsistent with the purposes of this part, or other 
applicable law, the Commission may refer the dispute to the 
Cfommission's Dispute Resolution Service. The Dispute Resolution 
Service shall consvdt with the Secretary and the Commission and 
issue a non-binding advisory within 90 days. The Secretary may 
accept the Dispute Resolution Service advisory unless the Secretary 
finds that the recommendation will not adequately protect the res- 
ervation. The Secretary shall submit the advisory and the Sec- 
retary's final written determination into the record of the Commis- 
sion's proceeding. 

"(b) Alternative Prescriptions.— (I) Whenever the Secretary 
of the Interior or the Secretary of Commerce prescribes a fishway 
under section 18, the license applicant or any other party to the 
license proceeding may propose an alternative to such prescription 
to construct, maintain, or operate a fishway. 

"(2) Notwithstanding section 18, the Secretary of the Interior 
or the Secretary of Commerce, as appropriate, shall accept and 
prescribe, and the Commission shall require, the proposed alter- 
native referred to in paragraph (1), if the Secretary of the appro- 
priate department determines, based on substantied evidence pro- 
vided by the Ucense applicant, any other party to the proceeding, 
or otherwise available to the Secretary, that such alternative — 
"(A) will be no less protective than the fishway initially 
prescribed by the Secretary; and 

"(B) will either, as compared to the fishway initially pre- 
scribed by the Secretary — 

"(i) cost significantly less to implement; or 
"(ii) result in improved operation of the project works 
for electricity production. 
"(3) In making a determination under paragraph (2), the Sec- 
retary shall consider evidence provided for the record by any party 
to a hcensing proceeding, or otherwise available to the Secretary, 
including any evidence provided by the Commission, on the 
implementation costs or operational impacts for electricity produc- 
tion of a proposed alternative. 

"(4) The Secretary concerned shall submit into the public record 
of the Commission proceeding with any prescription under section 
18 or alternative prescription it accepts imder this section, a written 
statement explaining the basis for such prescription, and reason 
for not accepting any alternative prescription under this section. 
The written statement must demonstrate that the Secretary gave 
equal consideration to the effects of the prescription adopted and 
alternatives not accepted on energy supply, distribution, cost, and 
use; flood control; navigation; water supply; and air quality (in 
addition to the preservation of other aspects of environmental 
quality); based on such information as may be available to the 
Secretary, including information voluntarily provided in a timely 
manner by the applicant and others. The Secretary shall also 
submit, together with the aforementioned written statement, all 
studies, data, and other factual information available to the Sec- 
retary and relevant to the Secretary's decision. 

"(5) If the Commission finds that the Secretary's final prescrip- 
tion would be inconsistent with the pvuposes of this part, or other 
applicable law, the Commission may refer the dispute to the 



108 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 677 



Commission's Dispute Resolution Service. The Dispute Resolution Deadline. 
Service shall consult with the Secretary and the Commission and 
issue a non-binding advisory within 90 days. The Secretary may 
accept the Dispute Resolution Service advisory unless the Secretary 
finds that the recommendation will not adequately protect the fish 
resources. The Secretary shall submit the adAdsory and the Sec- Records, 
retards final written determination into the record of the Commis- 
sion's proceeding.". 

SEC. 242. HYDROELECTRIC PRODUCTION INCENTIVES. 42 USC 15881. 

(a) Incentive Payments. — For electric energy generated and 
sold by a qualified hydroelectric facility during the incentive period, 
the Secretary shall make, subject to the availability of appropria- 
tions, incentive pa3naaents to the owner or operator of such facility. 
The amount of such pa3rment made to any such ov(mer or operator 
shall be as determined under subsection (e) of this section. Pay- 
ments under this section may only be made upon receipt by the 
Secretary of an incentive payment application which establishes 
that the applicant is eligible to receive such pa3anent and which 
satisfies such other requirements as the Secretary deems necessary. 
Such application shall be in such form, and shall be submitted 
at such time, as the Secretary shall establish. 

(b) DEFmmoNS. — For purposes of this section: 

(1) Qualified hydroelectric facility.— The term "quali- 
fied hydroelectric facility" means a turbine or other generating 
device owned or solely operated by a non-Federal entity which 
generates hydroelectric energy for sale and which is added 
to an existing dam or conduit. 

(2) Existing dam or conduit. — The term "existing dam 
or conduit" means any dam or conduit the construction of 
which was completed before the date of the enactment of this 
section and which does not require any construction or enlarge- 
ment of impoundment or diversion structures (other than repair 
or reconstruction) in connection with the installation of a tur- 
bine or other generating device. 

(3) Conduit. — The term "conduit" has the same meaning 
as when used in section 30(a)(2) of the Federal Power Act 
(16U.S.C.823a(a)(2)). 

The terms defined in this subsection shall apply without regard Applicability. 
to the hydroelectric kilowatt capacity of the facihty concerned, vnth- 
out regard to whether the facility uses a dam owned by a govern- 
mental or nongovernmental entity, and without regard to whether 
the facility begins operation on or after the date of the enactment 
of this section. 

(c) Eligibility Window. — Payments may be made under this 
section only for electric energy generated from a qualified hydro- 
electric facility which begins operation during the period of 10 
fiscal years beginning wdth the first full fiscal year occurring after 
the date of enactment of this subtitle. 

(d) Incentive Period. — ^A qualified hydroelectric facihty may 
receive payments under this section for a period of 10 fiscal years 
(referred to in this section as the "incentive period"). Such period 
shall begin vnth the fiscal year in which electric energy generated 
fi-om the facihty is first ehgible for such payments. 

(e) Amount of Payment.— 

(1) In general. — Payments made by the Secretary under 
this section to the owner or operator of a qualified hydroelectric 



109 



PUBUC LAW 109-58— AUG. 8, 2005 119 STAT. 683 

is feasible under subsection (a) and a commitment by an electric 
utility to operate and maintain the project, the Secretary may 
provide sudh technical and £Ln£mcial assistance as the Secretary 
determines is appropriate for the implementation of the project. 
(2) Regional utility organizations. — In providing assist- 
ance under paragraph (1), the Secretary shall consider pro- 
viding the assistance through regional utility organizations, 
(c) Authorization of Appropriations. — 

(1) In general. — ^There are authorized to be appropriated 
to the Secretary — 

(A) $500,000 for each fiscal year for project feasibility 
studies under subsection (a); and 

(B) $4,000,000 for each fiscal year for project 
implementation under subsection (b). 

(2) Limitation of funds received by insular areas. — 
No insular area may receive, during any 3-year period, more 
than 20 percent of the total funds made available during that 
3-year period under subparagraphs (A) and (B) of paragraph 
(1) tmless the Secretary determines that providing funding 
in excess of that percentage best advances existing opportuni- 
ties to meet the objectives of this section. 

TITLE III— OIL AND GAS 

Subtitle A — ^Petroleum Reserve and Home 

Heating Oil 

SEC. 301. PERMANENT AUTHORnT TO OPERATE THE STRATEGIC 
PETROLEUM RESERVE AND OTHER ENERGY PROGRAMS. 

(a) Amendment to Title I of the Energy Policy and Con- 
servation Act. — Title I of the Energy Policy and Conservation 
Act (42 U.S.C. 6212 et seq.) is amended— 

(1) by striking section 166 (42 U.S.C. 6246) and inserting 
the following: 

"authorization of appropriations 

"Sec. 166. There are authorized to be appropriated to the 
Secretary such sums as are necessary to carry out this part and 
part D, to remgiin available until expended."; 

(2) by striking section 186 (42 U.S.C. 6250e); and 

(3) by striking part E (42 U.S.C. 6251). 

(b) Amendment to Title II of the Energy Policy and Con- 
servation Act. — ^Title II of the Energy Pohcy and Conservation 
Act (42 U.S.C. 6271 et seq.) is amended— 

(1) by inserting before section 273 (42 U.S.C. 6283) the 
following: 

**PART C— SUMMER FILL AND FUEL 
BUDGETING PROGRAMS'*; 

(2) by striking section 273(e) (42 U.S.C. 6283(e)); and 

(3) by striking part D (42 U.S.C. 6285). 

(c) Technical Amendments.— The table of contents for the 
Energy Policy and Conservation Act is amended — 



110 



119 STAT. 708 PUBLIC LAW 109-58— AUG. 8, 2005 

"(II) waive administration of the lease that 
covers the subsurface estate conveyed to the Cor- 
poration; and 

"(iii) the segregation of the lease described in 
clause (iiXD has no effect on the obUgations of the 
lessee under either of the resulting leases, including 
obligations relating to operations, production, or other 
circumstances (other than payment of rentals or royal- 
ties); and 

"(C) nothing in this subsection limits the authority 
of the Secretary of the Interior to manage the federally- 
owned surface estate within the Reserve.", 
(c) Conforming Amendments. — Section 104 of the Naval Petro- 
leum Reserves Production Act of 1976 (42 U.S.C. 6504) is 
amended — 

(1) by striking subsection (a); and 

(2) by redesignating subsections (b) through (d) as sub- 
sections (a) through (c), respectively. 

Alaska. SEC. 348. NORTH SLOPE SCIENCE ESflTIATIVE. 

42 use 15906. , . „ 

(a) Establishment.— 

(1) In general. — ^The Secretary of the Interior shall estab- 
hsh a long-term initiative to be known as the "North Slope 
Science Initiative" (referred to in this section as the "Initia- 
tive"). 

(2) Purpose. — ^The purpose of the Initiative shall be to 
implement efforts to coordinate collection of scientific data that 
wiU provide a better understanding of the terrestrial, aquatic, 
and marine ecosystems of the North Slope of Alaska. 

(b) Objectives. — ^To ensure that the Initiative is conducted 
through a comprehensive science strategy and implementation plan, 
the Initiative shall, at a minimum — 

(1) identify and prioritize information needs for inventory, 
monitoring, and research activities to address the individual 
and ctunulative effects of past, ongoing, and anticipated 
development activities and environmental change on the North 
Slope; 

(2) develop an understanding of information needs for regu- 
latory and land management agencies, local governments, and 
the public; 

(3) focus on prioritization of pressing natural resource 
management and ecosystem information needs, coordination, 
and cooperation among agencies and organizations; 

(4) coordinate ongoing and future inventory, monitoring, 
and research activities to minimize duplication of effort, share 
financial resources and expertise, and assure the collection 
of quality information; 

(5) identify priority needs not addressed by agency science 
programs in effect on the date of enactment of this Act and 
develop a fimding strategy to meet those needs; 

(6) provide a consistent approach to high caliber science, 
including inventory, monitoring, and research; 

(7) maintain and improve public and agency access to — 

(A) accumulated and ongoing research; and 

(B) contemporary and traditional local knowledge; and 



111 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 709 



(8) ensure through appropriate peer review that the science 
conducted by participating agencies and organizations is of 
the highest technical quality. 

(c) Membership. — 

(1) In general. — To ensure comprehensive collection of 
scientific data, in carrying out the Initiative, the Secretary 
shall consult and coordinate with Federal, State, and local 
agencies that have responsibilities for land and resource 
management across the North Slope. 

(2) Cooperative agreements.— The Secretary shall enter 
into cooperative agreements with the State of Alaska, the North 
Slope Borough, the Arctic Slope Regional Corporation, and other 
Federal agencies as appropriate to coordinate efforts, share 
resources, and fund projects imder this section. 

(d) Science Technical Advisory Panel.— 

(1) In general. — ^The Initiative shall include a panel to 
provide advice on proposed inventory, monitoring, and research 
functions. 

(2) Membership. — The panel described in paragraph (1) 
shaU consist of a representative group of not more than 15 
scientists and technical experts from diverse professions and 
interests, including the oil and gas industry, subsistence users. 
Native Alaskan entities, conservation organizations, wildlife 
management organizations, and academia, as determined by 
the Secretary. 

(e) Reports. — ^Not later than 3 years after the date of enact- 
ment of this section and each year thereafter, the Secretary shall 
publish a report that describes the studies and findings of the 
Initiative. 

(f) Authorization of Appropriations.— There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 



Establishment. 



SEC. 349. ORPHANED, ABANDONED, OR IDLED WELLS ON FEDERAL 
LAND. 

(a) In General. — ^The Secretary, in cooperation with the Sec- 
retary of Agriculture, shall establish a program not later than 
1 year after the date of enactment of this Act to remediate, reclaim, 
and close orphaned, abandoned, or idled oil and gas wells located 
on land administered by the land management agencies within 
the Department of the Interior and the Department of Agriculture. 

(b) Activities. — The program under subsection (a) shall — 

(1) include a means of ranking orphaned, abandoned, or 
idled wells sites for priority in remediation, reclamation, and 
closure, based on pubhc health and safety, potential environ- 
mental harm, and other land use priorities; 

(2) provide for identification and recovery of the costs of 
remediation, reclamation, and closure fi-om persons or other 
entities currently providing a bond or other financial assurance 
required vmder State or Federal law for an oil or gas well 
that is orphaned, abandoned, or idled; and 

(3) provide for recovery from the persons or entities identi- 
fied under paragraph (2), or their sureties or guarantors, of 
the costs of remediation, reclamation, and closure of such wells. 

(c) Cooperation and Consultations. — In carrying out the 
program under subsection (a), the Secretary shall — 



42 use 15907. 



Deadline. 



112 



119 STAT. 710 PUBLIC LAW 109-58— AUG. 8, 2005 

(1) work cooperatively with the Secretary of Agriculture 
and the States within which Federal land is located; and 

(2) consult with the Secretary of Energy and the Interstate 
Oil and Gas Compact Commission. 

Deadline. (d) PLAN. — Not later than 1 year after the date of enactment 

of this Act, the Secretary, in cooperation with the Secretary of 
Agriculture, shall submit to Congress a plan for carrying out the 
program under subsection (a). 

(e) Idled Well. — ^For the purposes of this section, a well is 
idled if— 

(1) the well has been nonoperational for at least 7 years; 
and 

(2) there is no anticipated beneficial use for the well. 

(f) Federal Reimbursement for Orphaned Well Reclama- 
tion Pilot Program.— 

(1) Reimbursement for remediating, reclaiming, and 
CLOSING WELLS ON LAND SUBJECT TO A NEW LEASE.— The Sec- 
retary shall carry out a pilot program under which, in issuing 
a new oil and gas lease on federally owned land on which 
1 or more orphaned wells are located, the Secretary — 

(A) may require, other than as a condition of the lease, 
that the lessee remediate, reclaim, and close in accordance 
with standards established by the Secretary, all orphaned 
wells on the land leased; and 

(B) shall develop a program to reimbvirse a lessee, 
through a royalty credit against the Federal share of royal- 
ties owed or other means, for the reasonable actual costs 
of remediating, reclaiming, and closing the orphaned wells 
pursuant to that requirement. 

(2) Reimbursement for reclaiming orphaned wells on 
OTHER land. — In carrying out this subsection, the Secretary — 

(A) may authorize any lessee under an oil and gas 
lease on federally owned land to reclaim in accordance 
with the Secretary's standards — 

(i) an orphaned well on unleased federally owned 
land; or 

(ii) an orphaned well located on an existing lease 
on federally owned land for the reclamation of which 
the lessee is not legally responsible; and 

(B) shall develop a program to provide reimbursement 
of 100 percent of the reasonable actual costs of remediating, 
reclaiming, and closing the orphaned well, through credits 
against the Federal share of royalties or other means. 

(3) Regulations. — ^The Secretary may issue such regula- 
tions as are appropriate to carry out this subsection. 

(g) Technical Assistance Program for Non-Federal 
Land. — 

(1) In general.— The Secreteuy of Energy shall establish 
a program to provide technical and financial assistance to oil 
and gas producing States to faciUtate State efforts over a 10- 
year period to ensure a practical and economical remedy for 
environmental problems caused by orphaned or abandoned oil 
and gas exploration or production well sites on State or private 
land. 

(2) Assistance.— The Secretary of Energy shall work with 
the States, through the Interstate Oil and Gas Compact 
Commission, to assist the States in quantifying and mitigating 



113 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 711 



environmental risks of onshore orphaned or abandoned oil or 
gas wells on State and private land. 

(3) Activities. — The program under paragraph (1) shall 
include — 

(A) mechanisms to facilitate identification, if feasible, 
of the persons currently providing a bond or other form 
of financial assurance required under State or Federal 
law for an oil or gas well that is orphaned or abandoned; 

(B) criteria for ranking orphaned or abandoned well 
sites based on factors such as pubUc health and safety, 
potential environmental harm, and other land use prior- 
ities; 

(C) information and training programs on best prac- 
tices for remediation of different types of sites; and 

(D) funding of State mitigation efforts on a cost-shared 
basis. 

(h) Authorization of Appropriations. — 

(1) In general. — ^There are authorized to be appropriated 
to carry out this section $25,000,000 for each of fiscal years 
2006 through 2010. 

(2) Use. — Of the amounts authorized imder p£u-agraph (1), 
$5,000,000 Eire authorized for each fiscal yezu- for activities 
under subsection (f). 

SEC. 360. COMBINED HYDROCARBON LEASING. 

(a) Special Provisions Regarding Leasing. — Section 17(b)(2) 
of the Mineral Leasing Act (30 U.S.C. 226(b)(2)) is amended— 

(1) by inserting "(A)" after "(2)"; and 

(2) by adding at the end the following: 

"(B) For any area that contains any combination of tar sand 
and oil or gas (or both), the Secretary may issue under this Act, 
separately — 

"(i) a lease for exploration for and extraction of tar sand; 

and 

"(ii) a lease for exploration for and development of oil 

and gas. 

"(C) A lease issued for tar sand shall be issued using the 
same bidding process, annual rental, and posting period as a lease 
issued for oil and gas, except that the minimum acceptable bid 
required for a lease issued for tar sand shall be $2 per acre. 

"(D) The Secretary may waive, suspend, or alter any require- 
ment under section 26 that a permittee under a permit authorizing 
prospecting for tar sand must exercise due diligence, to promote 
any resource covered by a combined hydrocarbon lease.". 

(b) Conforming Amendment. — Section 17(b)(lKB) of the Min- 
eral Leasing Act (30 U.S.C. 226(b)(1)(B)) is amended in the second 
sentence by inserting ", subject to paragraph (2XB)," after "Sec- 
retary". 

(c) Regulations. — ^Not later than 45 days after the date of 
enactment of this Act, the Secretary shsdl issue final regulations 
to implement this section. 

SEC. 351. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA. 

(a) Short Title. — ^This section may be cited as the "National 
Geological and Geophysical Data Preservation Program Act of 
2005". 



Deadline. 

30 use 226 note. 



National 

Geographical and 

Geophysical Data 

Preservation 

Program Act of 

2005. 

42 use 15908. 



114 



119 STAT. 712 PUBLIC LAW 109-58— AUG. 8, 2005 

(b) Program. — The Secretary shall carry out a National 
Geological and Geophysical Data Preservation Program in accord- 
ance with this section — 

(1) to archive geologic, geophysical, and engineering data, 
maps, well logs, and samples; 

(2) to provide a national catalog of such archival material; 
and 

(3) to provide technical and financial assistance related 
to the archived material. 

Deadline. (c) PLAN. — Not later thEui 1 year after the date of enactment 

of this Act, the Secretary shall submit to Congress a plan for 
the implementation of the Program. 

(d) Data Archive System. — 

(1) Establishment. — The Secretary shall estabUsh, as a 
component of the Program, a data archive system to provide 
for the storage, preservation, and archiving of subsurface, sur- 
face, geological, geophysical, and engineering data and samples. 
The Secretary, in consultation with the Advisory Committee, 
shall develop gviidelines relating to the data archive system, 
including the types of data and SEimples to be preserved. 

(2) System components. — ^The system shall be comprised 
of State agencies that elect to be part of the system and agencies 
within the Department of the Interior that maintain geological 
and geophysical data and samples that are designated by the 
Secretary in accordance with this subsection. The Program 
shall provide for the storage of data and samples through 
data repositories operated by such agencies. 

(3) Limitation of designation.— The Secretary may not 
designate a State agency as a component of the data archive 
system unless that agency is the agency that acts as the 
geological survey in the State. 

(4) Data from federal land.— The data archive system 
shall provide for the archiving of relevant subsurface data 
and samples obtained from Federal land — 

(A) in the most appropriate repository designated 
xinder paragraph (2), with preference being given to 
archiving data in the State in which the data were col- 
lected; and 

(B) consistent with all applicable law and requirements 
relating to confidentiality and proprietary data. 

(e) National Catalog.— 

(1) In general. — ^As soon as practicable after the date 
of enactment of this Act, the Secretary shall develop and main- 
tain, as a component of the Program, a national catalog that 
identifies — 

(A) data and samples available in the data archive 
system established under subsection (d); 

(B) the repository for particular material in the system; 
and 

(C) the means of accessing the material. 

(2) Availability. — The Secretary shall make the national 
catalog accessible to the pubUc on the site of the Survey on 
the Internet, consistent with all applicable requirements related 
to confidentiaUty and proprietary data. 

(f) Advisory Committee. — 

(1) In general. — ^The Advisory Committee shall advise 
the Secretary on planning and implementation of the Program. 



115 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 713 

(2) New duties. — In addition to its duties under the 
National Geologic Mapping Act of 1992 (43 U.S.C. 31a et seq.), 
the Advisory Committee shall perform the following duties: 

(A) Advise the Secretary on developing guidelines and 
procedures for providing assistance for facilities under sub- 
section (g)(1). 

(B) Review and critique the draft implementation plan 
prepared by the Secretary under subsection (c). 

(C) Identify useful studies of data archived under the 
Program that will advance understanding of the Nation's 
energy and mineral resources, geologic hazards, and 
engineering geology. 

(D) Review the progress of the Program in archiving 
significant data and preventing the loss of such data, and 
the scientific progress of the studies funded under the 
Program. 

(E) Include in the annual report to the Secretary 
required under section 5(bX3) of the National Geologic 
Mapping Act of 1992 (43 U.S.C. 31d(b)(3)) an evaluation 
of the progress of the Program toward fulfilling the pur- 
poses of the Program under subsection (b). 

(g) Financial Assistance.— 

(1) Archive facilities.— Subject to the availability of 
appropriations, the Secretary shall provide financial assistance 
to a State agency that is designated under subsection (d)(2) 
for providing facilities to archive energy material. 

(2) Studies. — Subject to the availability of appropriations, 
the Secretary shall provide finemcial assistance to any State 
agency designated under subsection (d)(2) for studies and tech- 
nical assistance activities that enhance understanding, 
interpretation, and use of materials archived in the data archive 
system established under subsection (d). 

(3) Federal share. — ^The Federal share of the cost of an 
activity carried out with assistance under this subsection shall 
be not more than 50 percent of the total cost of the activity. 

(4) Private contributions.— The Secretary shall apply Applicability, 
to the non-Feder£d share of the cost of an activity carried 

out with assistance mader this subsection the value of private 
contributions of property and services used for that activity, 
(h) Report. — ^The Secretary shall include in each report under 

section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C. 

31g)- 

(1) a description of the status of the Program; 

(2) an evaluation of the progress achieved in developing 
the Program during the period covered by the report; and 

(3) any recommendations for legislative or other action 
the Secretary considers necessary and appropriate to fulfill 
the purposes of the Program under subsection (b). 

(i) Maintenance of State Effort.— It is the intent of Con- 
gress that the States not use this section as an opportunity to 
reduce State resources apphed to the activities that are the subject 
of the Program. 

(j) Definitions. — In this section: 

(1) Advisory committee.— The term "Advisory Committee" 

means the advisory committee established under section 5 of 

the National Geologic Mapping Act of 1992 (43 U.S.C. 3 Id). 



116 



119 STAT. 714 



PUBLIC LAW 109-58— AUG. 8, 2005 



42 use 15909. 



Publication. 

Notices. 

Deadlines. 



(2) Program. — The term "Program" means the National 
Geological and Geophysical Data Preservation Program carried 
out under this section. 

(3) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior, acting through the Director of the United States 
Geological Survey. 

(4) Survey.— The term "Svirvey" means the United States 
Geological Survey. 

(k) Authorization of Appropriations. — There are authorized 
to be appropriated to carry out this section $30,000,000 for each 
of fiscal years 2006 through 2010. 

SEC. 352. OIL AND GAS LEASE ACREAGE LDVOTATIONS. 

Section 27(d)(1) of the Mineral Leasing Act (30 U.S.C. 184(d)(1)) 
is amended by inserting after "acreage held in special tar sand 
areas" the following: ", and acreage under any lease any portion 
of which has been coimnitted to a federally approved unit or coopera- 
tive plan or communitization agreement or for which royalty 
(including compensatory royalty or royalty in-kind) was paid in 
the preceding calendar year, '. 

SEC. 353. GAS HYDRATE PRODUCTION INCENTIVE. 

(a) Purpose. — The purpose of this section is to promote natural 
gas production from the natural gas hydrate resources on the outer 
Continental Shelf and Federal lands in Alaska by providing royalty 
incentives. 

(b) Suspension of Royalties.— 

(1) In general. — The Secretary may grant royalty relief 
in accordance with this section for natural gas produced from 
gas hydrate resources under an eUgible lease. 

(2) Eligible leases. — A lease shall be an eligible lease 
for purposes of this section if — 

(A) it is issued vmder the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.), or is an oil and gas 
lease issued for onshore Federal lands in Alaska; 

(B) it is issued prior to January 1, 2016; and 

(C) production under the lease of natural gas from 
gas hydrate resources commences prior to January 1, 2018. 

(3) Amount of relief.— The Secretary shall conduct a 
rulemaking and grant royalty relief under this section as a 
suspension volume if the Secretary determines that such royalty 
relief would encourage production of natural gas from gas 
hydrate resources from an eligible lease. The maximum suspen- 
sion volume shall be 30 billion cubic feet of natural gas per 
lease. Such reUef shall be in addition to any other royalty 
relief under any other provision applicable to the lease that 
does not specifically grant a gas hydrate production incentive. 
Such royalty suspension volvune shall be apphed to any eligible 
production occurring on or after the date of publication of 
the advanced notice of proposed rulemaking. 

(4) Limitation. — ^The Secretary may place limitations on 
royalty relief granted under this section based on market price. 

(c) Application. — This section shall apply to any eligible lease 
issued before, on, or after the date of enactment of this Act. 

(d) Rulemakings.— 

(1) Requirement.— The Secretary shall publish the 
advanced notice of proposed rulemaking within 180 days after 
the date of enactment of this Act and complete the rulemaking 



117 



119 STAT. 720 



PUBLIC LAW 109-58— AUG. 8, 2005 



made available under subparagraph (A) at the earliest 
practicable time. 

(4) Minutes. — The Commission shall keep, and make avail- 
able to the public, a transcript, electronic recording, or minutes 
from each Commission meeting, except for portions of the 
meeting closed under paragraph (2). 

(d) Authorization of Appropriations. — There is authorized 
to be appropriated to the Commission not more than $55,000,000 
for each of fiscal years 2006 through 2015 to carry out subsection 
(b). 

42 use 15912. SEC. 357. COMPREHENSIVE INVENTORY OF OCS OIL AND NATURAL 

GAS RESOURCES. 

(a) In General. — The Secretary shall conduct an inventory 
and analysis of oil £ind natural gas resources beneath all of the 
waters of the United States Outer Continental Shelf ("OCS"). The 
inventory and analysis shall — 

(1) use available data on oil and gas resources in areas 
offshore of Mexico and Canada that will provide information 
on trends of oil and gas accumulation in areas of the OCS; 

(2) use any available technology, except driUing, but 
including 3-D seismic technology to obtain accurate resource 
estimates; 

(3) analyze how resource estimates in OCS areas have 
changed over time in regards to gathering geological and geo- 
physical data, initial exploration, or fuU field development, 
including areas such as the deepwater and subsalt areas in 
the Gulf of Mexico; 

(4) estimate the effect that understated oil and gas resource 
inventories have on domestic energy investments; and 

(5) identify and explain how legislative, regulatory, and 
administrative programs or processes restrict or impede the 
development of identified resources and the extent tiiat they 
affect domestic supply, such as moratoria, lease terms and 
conditions, operational stipulations and requirements, approval 
delays by the Federal Government and coastal States, and 
local zoning restrictions for onshore processing facihties and 
pipeline landings. 

(b) Reports. — ^The Secretary shall submit a report to Congress 
on the inventory of estimates and the analysis of restrictions or 
impediments, together with any recommendations, within 6 months 

Public of the date of enactment of the section. The report shall be publicly 

information. available and updated at least every 5 years. 

Subtitle F — ^Access to Federal Lands 

SEC. 361. FEDERAL ONSHORE OIL AND GAS LEASING AND PERMTmNG 
PRACTICES. 

(a) Review of Onshore Oil and Gas Leasing Practices.— 

(1) In general. — ^The Secretary of the Interior, in consulta- 
tion with the Secretary of Agriculture with respect to National 
Forest System lands under the jxirisdiction of the Department 
of Agriculture, shall perform an internal review of cxirrent 
Federal onshore oil and gas leasing and permitting practices. 

(2) Inclusions. — The review shall include the process for — 

(A) accepting or rejecting offers to lease; 



118 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 721 



(B) administrative appeals of decisions or orders of 
ofiBcers or employees of the Bureau of Land Management 
Avith respect to a FedereJ oil or gas lease; 

(C) considering surface use plans of operation, 
including the timeframes in which the plsms are considered, 
and any recommendations for improving and expediting 
the process; and 

(D) identifying stipulations to address site-specific con- 
cerns and conditions, including those stipulations relating 
to the environment and resource use conflicts. 

(b) Report. — ^Not later than 180 days after the date of enact- 
ment of this Act, the Secretary of the Interior and the Secretary 
of Agriculture shall transmit a report to Congress that describes — 

(1) actions taken under section 3 of Executive Order No. 
13212 (42 U.S.C. 13201 note); and 

(2) actions taken or any plans to improve the Federal 
onshore oil and gas leasing program. 

SEC. 362. MANAGEMENT OF FEDERAL OIL AND GAS LEASING PRO- 42 USC 15921. 
GRAMS. 

(a) Timely Action on Leases and Permits. — 

(1) Secretary of the interior. — ^To ensure timely action 
on oil and gas leases and appUcations for permits to drill 
on land otherwise available for leasing, the Secreteuy of the 
Interior (referred to in this section as the "Secretaiy") shall — 

(A) ensure expeditious compliance with section 
102(2)(C) of the National Environmental Pohcy Act of 1969 
(42 U.S.C. 4332(2XC)) and any other apphcable environ- 
mental and cultvu-al resources laws; 

(B) improve consultation and coordination with the 
States and the public; and 

(C) improve the collection, storage, and retrieval of 
information relating to the oil and gas leasing activities. 

(2) Secretary of agriculture.— To ensure timely action 
on oil and gas lease applications for permits to driU on land 
otherwise available for leasing, the Secretary of Agriculture 
shaU— 

(A) ensure expeditious comphance with all apphcable 
environmental and cultural resources laws; and 

(B) improve the collection, storage, and retrieval of 
information relating to the oil and gas leasing activities. 

(b) Best Management Practices. — 

(1) In GENERAL. — Not later than 18 months after the date Deadline, 
of enactment of this Act, the Secretary shedl develop and imple- 
ment best memagement practices to — 

(A) improve the administration of the onshore oil and 
gas leasing program under the Mineral Leasing Act (30 
U.S.C. 181 et seq.); and 

(B) ensure timely action on oil and gas leases and 
appUcations for permits to drill on land otherwise available 
for leasing. 

(2) Considerations. — In developing the best management 
practices under paragraph (1), the Secretary shall consider 
any recommendations from the review under section 361. 

(3) Regulations.— Not later than 180 days aft«r the Deadline, 
development of the best management practices under para- 
graph (1), the Secretary shall publish, for pubhc comment. 



119 



119 STAT. 722 PUBLIC LAW 109-58— AUG. 8, 2005 

proposed regulations that set forth specific timeframes for proc- 
essing leases and applications in accordance with the best 
management practices, including deadlines for — 

(A) approving or disapproving — 

(i) resource management plans and related docu- 
ments; 

(ii) lease applications; 

(iii) applications for permits to drill; and 

(iv) surface use plans; and 

(B) related administrative app>eals. 

(c) Improved Enforcement. — ^The Secretary and the Secretary 
of Agriculture shall improve inspection and enforcement of oil and 
gas activities, including enforcement of terms and conditions in 
permits to drill on land under the jurisdiction of the Secretary 
and the Secretary of Agriculture, respectively. 

(d) Authorization of Appropriations. — In addition to 
amounts made available to carry out activities relating to oil and 
gas leasing on pubUc land administered by the Secretary and 
National Forest System land administered by the Secretary of Agri- 
culture, there are authorized to be appropriated for each of fiscEil 
years 2006 through 2010— 

(1) to the Secretary, acting through the Director of the 
Bureau of Land Management — 

(A) $40,000,000 to carry out subsections (a)(1) and 
(b); and 

(B) $20,000,000 to cany out subsection (c); 

(2) to the Secretary, acting through the Director of the 
United States Fish and Wildlife Service, $5,000,000 to carry 
out subsection (a)(1); and 

(3) to the Secretary of Agriculture, acting through the 
Chief of the Forest Service, $5,000,000 to carry out subsections 
(a)(2) and (c). 

42USC15922. SEC. 363. CONSULTATION REGARDING OIL AND GAS LEASING ON 

PUBLIC LAND. 

Deadline. (a) In GENERAL. — Not later than 180 days after the date of 

Memorandum. enactment of this Act, the Secretary of the Interior and the Sec- 
retary of Agriculture shall enter into a memorandum of under- 
standing regarding oil and gas leasing on — 

(1) pubUc land under the jvirisdiction of the Secretary of 
the Interior; and 

(2) National Forest System land under the jurisdiction 
of the Secretary of Agriculture. 

(b) Contents. — ^The memorandum of understanding shall 
include provisions that — 

(1) establish administrative procedures and hnes of 
authority that ensure timely processing of — 

(A) oil and gas lease applications; 

(B) surface use plans of operation, including steps for 
processing surface use plans; and 

(C) appUcations for permits to drill consistent with 
apphcable timehnes; 

(2) eliminate duplication of effort by providing for coordina- 
tion of planning and environmental compliance efforts; 

(3) ensure that lease stipulations are — 

(A) apphed consistently; 

(B) coordinated between agencies; and 



120 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 723 



(C) only as restrictive as necessary to protect the 
resource for which the stipvilations are appUed; 

(4) estabUsh a joint data retrieval system that is capable 
of— 

(A) tracking applications and formal requests made 
in accordance with procedures of the Federal onshore oil 
and gas leasing program; and 

(B) providing information regarding the status of the 
applications and requests within the Department of the 
Interior and the Department of Agriculture; and 

(5) establish a joint geographic information system mapping 
system for use in — 

(A) tracking surface resource values to aid in resource 
management; and 

(B) processing surface use plans of operation emd 
appUcations for permits to drill. 

SEC. 364. ESTIMATES OF OIL AND GAS RESOURCES UNDERLYING 
ONSHORE FEDERAL LAND. 

(a) Assessment. — Section 604 of the Energy Act of 2000 (42 
U.S.C. 6217) is amended— 

(1) in subsection (a) — 

(A) in paragraph (1) — 

(i) by striking "reserve"; and 

(ii) by striking "and" after the semicolon; and 

(B) by striking paragraph (2) and inserting the fol- 
lowing: 

"(2) the extent and nature of any restrictions or impedi- 
ments to the development of the resources, including — 

"(A) impediments to the timely granting of Teases; 
"(B) post-lease restrictions, impediments, or delays on 
development for conditions of approval, applications for 
permits to drill, or processing of environmental permits; 
and 

"(C) permits or restrictions associated with trans- 
porting the resources for entry into commerce; and 
"(3) the quantity of resources not produced or introduced 
into commerce because of the restrictions."; 

(2) in subsection (b> — 

(A) by striking "reserve" and inserting "resource"; and 

(B) by striking "pubUcally" and inserting "publicly"; 
and 

(3) by striking subsection (d) and inserting the following: 
"(d) ASSESSMENTS. — ^Using the inventory, the Secretary of 

Energy shall make periodic assessments of economically recoverable 
resources accounting for a range of parameters such as current 
costs, commodity prices, technology, and regulations.". 

(b) Methodology. — The Secretary of the Interior shall use 42 USC 15923. 
the same assessment methodology across all geological provinces, 

areas, and regions in preparing and issuing national geological 
assessments to ensure accurate comparisons of geological resources. 



SEC. 865. PILOT PROJECT TO IMPROVE FEDERAL PERMIT COORDINA- 
TION. 

(a) ESTABLISHMENT. — ^The Secretary of the Interior (referred 
to in this section as the "Secretary") shall establish a Federal 
Permit StreamUning Pilot Project (referred to in this section as 
the "Pilot Project"). 



42 USC 15924. 



121 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 727 



acre rental fee zone value schedule by State, county, and type 
of linear right-of-way use to reflect current values of leind 
in each zone; and 

(2) the Secretary of Agriculture shall make the same revi- 
sion for linear rights-of-way granted, issued, or renewed under 
title V of the Federal Lands Policy and Management Act of 
1976 (43 U.S.C. 1761 et seq.) on National Forest System land, 
(b) Fair Market Value Rental Determination for Linear 
Rights-of-way. — ^The fair market value rent of a linear right-of- 
way across public lands or National Forest System lands issued 
tmder section 504 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1764) or section 28 of the Mineral Leasing 
Act (30 U.S.C. 185) shall be determined in accordance with subpart 
2806 of title 43, Code of Federal Regulations, as in effect on the 
date of enactment of this section (including the annual or periodic 
updates specified in the regulations) and as updated in accordance 
with subsection (a). 

SEC. 868. ENERGY RIGHT-OF-WAY CORRIDORS ON FEDERAL LAND. 42 USC 15926. 

(a) Western States. — Not later than 2 years after the date Deadline, 
of enactment of this Act, the Secretary of Agriculture, the Secretary 

of Commerce, the Secretary of Defense, the Secretary of Energy, 
and the Secretary of the Interior (in this section referred to collec- 
tively as "the Secretaries"), in consultation with the Federal Energy 
Regiilatory Commission, States, tribal or local units of governments 
as appropriate, affected utiUty industries, and other interested per- 
sons, shall consult with each other and shall — 

(1) designate, under their respective authorities, corridors 
for oil, gas, and hydrogen pipehnes and electricity transmission 
and distribution facihties on Federal land in the eleven contig- 
uous Western States (as defined in section 103(o) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1702(o)); 

(2) perform any environmental reviews that may be 
required to complete the designation of such corridors; and 

(3) incorporate the designated corridors into the relevant 
agency land use and resource management plans or equivalent 
plans. 

(b) Other States. — Not later than 4 years after the date Deadline, 
of enactment of this Act, the Secretaries, in consultation with the 
Federal Energy Regulatory Commission, affected utility industries, 

and other interested persons, shall jointly — 

(1) identify corridors for oil, gas, and hydrogen pipelines 
and electricity transmission and distribution facilities on Fed- 
eral land in States other than those described in subsection 
(a); and 

(2) schedule prompt action to identify, designate, and incor- 
porate the corridors into the applicable land use plans. 

(c) Ongoing Responsibiuties. — ^The Secretaries, in consulta- Procedures, 
tion with the Federal Energy Regvdatory Commission, affected 

utility industries, and other interested parties, shall establish proce- 
dures under their respective authorities that — 

(1) ensure that additional corridors for oil, gas, and 
hydrogen pipelines and electricity transmission and distribution 
facilities on Federal land are promptly identified and designated 
as necessary; and 



122 



119 STAT. 728 



PUBLIC LAW 109-58— AUG. 8, 2005 



Oil Shale, Tar 
Sands, and Other 
Strategic 
Unconventional 
Fuels Act of 
2005. 
Deadlines. 
42 use 15927. 



(2) expedite applications to construct or modify oil, gas, 
and hydrogen pipelines and electricity transmission and dis- 
tribution facilities within such corridors, taking into account 
prior analyses and environmental reviews undertaken during 
the designation of such corridors. 

(d) Considerations. — In carrying out this section, the Secre- 
taries shall take into account the need for upgraded and new 
electricity tremsmission and distribution facilities to — 

(1) improve reliability; 

(2) relieve congestion; and 

(3) enhance the capabUity of the national grid to deliver 
electricity. 

(e) Specifications of Corridor. — ^A corridor designated under 
this section shall, at a minimum, specify the centerline, width, 
and compatible uses of the corridor. 

SEC. 369. OIL SHALE, TAR SANDS, AND OTHER STRATEGIC UNCONVEN- 
TIONAL FUELS. 

(a) Short Title.— This section may be cited as the "Oil Shale, 
Tar Sands, and Other Strategic Unconventional Fuels Act of 2005". 

(b) Declaration of Policy. — Congress declares that it is the 
policy of the United States that — 

(1) United States oil shale, tar sands, and other unconven- 
tional fuels are strategically important domestic resources that 
shotdd be developed to reduce the growing dependence of the 
United States on poUtically and economically unstable sources 
of foreign oil imports; 

(2) the development of oil shale, tar sands, and other stra- 
tegic unconventional fuels, for research and commercial 
development, should be conducted in an environmentally sound 
manner, using practices that minimize impacts; and 

(3) development of those strategic unconventional fuels 
should occur, with an emphasis on sustainabUity, to benefit 
the United States while teiking into account affected States 
and communities. 

(c) Leasing Program for Research and Development of 
Oil Shale and Tar Sands.— In accordance with section 21 of 
tiie Mineral Leasing Act (30 U.S.C. 241) and any other applicable 
law, except as provided in this section, not later than 180 days 
after the date of enactment of this Act, from land otherwise avail- 
able for leasing, the Secretary of the Interior (referred to in this 
section as the "Secretary") shaU make available for leasing such 
l£md as the Secretary considers to be necessary to conduct research 
and development activities with respect to technologies for the 
recovery of Uquid fuels from oil shale and tar sands resources 
on public lands. Prospective pubUc lands within each of the States 
of Colorado, Utah, and Wyoming shall be made available for such 
research and development leasing. 

(d) Programmatic Environmental Impact Statement and 
Commercial Leasing Program for Oil Shale and Tar Sands.— 

(1) Programmatic environmental impact statement. — 
Not later than 18 months after the date of enactment of this 
Act, in accordance with section 102(2)(C) of the National 
Environmental PoUcy Act of 1969 (42 U.S.C. 4332(2)(C)), the 
Secretary shall complete a programmatic environmental impact 
statement for a commerci^ leasing program for oil shale and 
tar sands resources on public lands, with an emphasis on 



123 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 729 

the most geologically prospective lands within each of the States 
of Colorado, Utah, and Wyoming. 

(2) Final regulation.— Not later than 6 months after 
the completion of the programmatic environmental impact 
statement under this subsection, the Secretary shall publish 
a final regtdation estabhshing such progrsmi. 

(e) Commencement of Commercliu. Leasing of Oil Shale 
AND Tar Sands. — ^Not later than 180 days after publication of 
the final reg^ation required by subsection (d), the Secretary shall 
consult Avith the Governors of States with significant oil shale 
and tar sands resources on public lands, representatives of local 
governments in such States, interested Indian tribes, and other 
interested persons, to determine the level of support and interest 
in the States in the development of tar sands and oil shale resources. 
If the Secretary finds sufficient support and interest exists in a 
State, the Secretary may conduct a lease sale in that State under 
the commercial leasing program regulations. Evidence of interest 
in a lease sale under this subsection shall include, but not be 
limited to, appropriate areas nominated for leasing by potential 
lessees and other interested parties. 

(f) Diligent Development Requirements.— The Secretary Regulations, 
shall, by regulation, designate work requirements and milestones 

to ensure the diUgent development of the lease. 

(g) Initial Report by the Secretary of the Interior. — 
Withm 90 days after the date of enactment of this Act, the Secretary 
of the Interior shall report to the Committee on Resources of the 
House of Representatives and the Committee on Energy and Nat- 
ural Resources of the Senate on — 

(1) the interim actions necessary to — 

(A) develop the program, complete the programmatic 
environmental impact statement, and promulgate the final 
regulation as required by subsection (d); and 

(B) conduct the first lease sales under the progreun 
as required by subsection (e); and 

(2) a schedule to complete such actions within the time 
limits mandated by this section. 

(h) Task Force.— 

(1) Establishment. — The Secretary of Enex^, in coopera- 
tion with the Secretary of the Interior and the Secretary of 
Defense, shall establish a task force to develop a program 
to coordinate and accelerate the commercial development of 
strategic unconventional fiiels, including but not limited to 
oil shale and tar sands resources within the United States, 
in an integrated manner. 

(2) Composition.— The Task Force shall be composed of— 

(A) the Secretary of Energy (or the designee of the 
Secretary); 

(B) the Secretary of the Interior (or the designee of 
the Secretary of the Interior); 

(C) the Secretary of Defense (or the designee of the 
Secretary of Defense); 

(D) the CJovemors of affected States; and 

(E) representatives of local governments in affected 
areas. 

(3) Recommendations.— The Task Force shall make such 
recommendations regarding promoting the development of the 



124 



119 STAT. 730 



PUBLIC LAW 109-58— AUG. 8, 2005 



strategic unconventional fuels resources within the United 
States as it may deem appropriate. 

(4) Partnerships. — ^The Task Force shall make rec- 
ommendations with respect to initiating a partnership with 
the Province of Alberta, Canada, for purposes of sharing 
information relating to the development and production of ou 
from tar sands, and similar partnerships with other nations 
that contain significant oil shale resources. 

(5) Reports. — 

(A) Initial report.— Not later than 180 days after 
the date of enactment of this Act, the Task Force shall 
submit to the President and Congress a report that 
describes the analysis and recommendations of the Task 
Force. 

(B) Subsequent reports. — The Secretary shall pro- 
vide an annual report describing the progress in developing 
the strategic unconventional fiiels resources within the 
United States for each of the 5 years following submission 
of the report provided for in subparagraph (A). 

Establishment. (i) OFFICE OF PETROLEUM RESERVES.— 

(1) In general. — The Office of Petroleum Reserves of the 
Department of Energy shall — 

(A) coordinate the creation and implementation of a 
commercial strategic fiiel development program for the 
United States; 

(B) evaluate the strategic importance of unconventional 
sources of strategic fuels to the security of the United 
States; 

(C) promote and coordinate Federal Government 
actions that facilitate the development of strategic fiiels 
in order to effectively address the ener^ supply needs 
of the United States; 

(D) identify, assess, and recommend appropriate 
actions of the Federal Government reqmred to assist in 
the development and manufacturing of strategic fuels; and 

(E) coordinate and facilitate appropriate relationships 
between private industry and the Federal Grovemment to 
promote sufficient and timely private investment to 
commercialize strategic fuels for domestic and military use. 

(2) Consultation and coordination. — The Office of Petro- 
leum Reserves shall work closely with the Task Force and 
coordinate its staff support. 

(3) Annual reports.— Not later than 180 days after the 
date of enactment of this Act and annually thereafter, the 
Secretary shall submit to Congress a report that describes 
the activities of the Office of Petroleum Reserves carried out 
under this subsection. 

(j) Mineral Leasing Act Amendments. — 

(1) Section 17.— Section 17(b)(2) of the Mineral Leasing 
Act (30 U.S.C. 226(bX2)), as amended by section 350, is further 
amended — 

(A) in subparagraph (A) (as designated by the amend- 
ment made by subsection (a)(1) of that section) by desig- 
nating the first, second, and third sentences as clauses 
(i), (ii), and (iii), respectively; 

(B) by moving clause (ii), as so designated, so as to 
begin immediately after and below clause (i); 



125 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 731 

(C) by moving clause (iii), as so designated, so as 
to begin immediately after and below clause (ii); 

(D) in clause (i) of subparagraph (A) (as designated 
by subparagraph (A) of this paragraph) by striking "five 
thousand one himdred and twenty" and inserting "5,760"; 
and 

(E) by adding at the end the following: 

"(iv) No lease issued under this paragraph shall be included 
in any chargeability limitation associated with oil and gas 
leases.". 

(2) Section 21. — Section 21(a) of the Mineral Leasing Act 
(30 U.S.C. 241(a)) is amended— 

(A) by striking "(a) That the Secretary" and inserting 
the following: 

''(a)(1) The Secretary"; 

(B) by striking "; that no lease" and inserting a period, 
followed by the following: 

"(2) No lease"; 

(C) by striking "Leases may be for" and inserting the 
following: 

"(3) Leases may be for"; 

(D) by striking "For the privilege" and inserting the 
following: 

"(4) For the privilege"; 

(E) in paragraph (2) (as designated by subparagraph 
(B) of this paragraph) by striking "five thousand one hun- 
dred and twenty" and inserting "5,760"; 

(F) in paragraph (4) (as designated by subparagraph 
(D) of this paragraph) by striking "rate of 50 cents per 
acre" and inserting "rate of $2.00 per acre"; 

(G)(i) by striking ": Provided further, That not more 
than one lease shall be granted under this section to any" 
and inserting ": Provided further, That no"; and 

(ii) by striking "except that with respect to leases for" 
and inserting "shall acquire or hold more than 50,000 acres 
of oil shale leases in any one State. For"; and 

(H) by adding at the end the following: 
"(5) No lease issued under this section shall be included 
in any chargeability limitation associated with oil and gas 
leases.". 

(k) Interagency Coordination and Expeditious Review of 
Permitting Process. — 

(1) Department of the interior as lead agency. — ^Upon 
written request of a prospective applicant for Federal authoriza- 
tion to develop a proposed oil shale or tar sands project, the 
Depeu-tment 01 the Interior shall act as the lead Federal agency 
for the purposes of coordinating all applicable Federal 
authorizations and environmental roAdews. To the maximum 
extent practicable under appUcable Federal law, the Secretary 
shall coordinate this Federal authorization and review process 
with any Indian tribes and State and local agencies responsible 
for conducting any separate permitting and environmental 
reviews. 

(2) Implementing regulations.— Not later than 6 months 
after the date of enactment of this Act, the Secretary shall 
issue any regulations necessary to implement this subsection. 
(1) Cost-shared Demonstration Technologies. — 



126 



119 STAT. 732 PUBLIC LAW 109-58— AUG. 8, 2005 

(1) Identification. — ^The Secretary of Energy shall identify 
technologies for the development of oil shale and tar sands 
that— 

(A) are ready for demonstration at a commercially- 
representative scale; and 

(B) have a high probabiUty of leading to commercial 
production. 

(2) Assistance. — For each technology identified under 
paragraph (1), the Secretary of Energy may provide — 

(A) technical assistance; 

(B) assistance in meeting environmental and regu- 
latory requirements; and 

(C) cost-sharing assistance. 

(m) National Oil Shale and Tar Sands Assessment.— 

(1) Assessment.— 

(A) In general. — ^The Secretary shall carry out a 
nationeil assessment of oil shale and tar sands resources 
for the purposes of evaluating and mapping oil shale and 
tar sands deposits, in the geographic areas described in 
subparagraph (B). In conducting such an assessment, the 
Secretary shall make use of the extensive geological assess- 
ment work for oil shale and tar sands already conducted 
by the United States Geological Survey. 

(B) Geographic areas. — ^The geographic areas referred 
to in subparagraph (A), Usted in the order in which the 
Secretary shall assign priority, are — 

(i) the Green River Region of the States of Colo- 
rado, Utah, and Wyoming; 

(u) the Devonian oil shales and other hydrocarbon- 
bearing rocks having the nomenclature of "shale" 
located east of the Mississippi River; and 

(iii) any remaining area in the central and western 
United States (including the State of Alaska) that con- 
tains oil shale and tar sands, as determined by the 
Secretary. 

(2) Use of state sura^eys and universities. — In carrying 
out the assessment under paragraph (1), the Secretary may 
request assistance from any State-administered geological 
survey or university. 

(n) Land Exchanges.— 

(1) In general. — To facilitate the recovery of oil shale 
and tar sands, especially in areas where Federal, State, and 
private lands are intermingled, the Secretary shall consider 
the use of land exchanges where appropriate and feasible to 
consoUdate land ownership and mineral interests into manage- 
able areas. 

(2) Identification and priority of public lands.— The 
Secretary shall identify pubUc lemds containing deposits of oil 
shale or tar sands witWn the Green River, Piceance Creek, 
Uintah, and Washakie geologic basins, and shall give priority 
to implementing land exchanges within those basins. TTie Sec- 

^ retary shall consider the geology of the respective basin in 
determining the optimum size of the lands to be consolidated. 

(3) Compliance with section 206 of flpma.— A land 
exchange undertaken in furtherance of this subsection shall 
be implemented in accordance with section 206 of the Federal 
Land Pohcy and Management Act of 1976 (43 U.S.C. 1716). 



127 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 733 

(o) Royalty Rates for Leases.— The Secretary shall establish 
royjilties, fees, rentals, bonus, or other payments for leases under 
this section that shall — 

(1) encourage development of the oil shale and tar sands 
resource; and 

(2) ensure a fair return to the United States. 

(p) Heavy Oil Technical and Economic Assessment.— The 
Secretary of Energy shall update the 1987 technical and economic 
assessment of domestic heavy oil resources that was prepared by 
the Interstate Oil and Gas Compact Commission, Such an update 
should include aU of North America and cover all tinconventional 
oil, including heavy oil, tar sands (oil sands), and oil shale. 

(q) Procurement of Unconventional Fuels by the Depart- 
ment OF Defense. — 

(1) In general. — Chapter 141 of title 10, United States 

Code, is amended by inserting after section 2398 the following: 

"§23980. Procurement of fuel derived from coal, oil shale, 
and tar sands 

"(a) Use of Fuel to Meet Department of Defense Needs. — 
The Secretary of Defense shall develop a strategy to use fiiel pro- 
duced, in whole or in part, from coal, oil shale, and tar sands 
(referred to in this section as a 'covered fuel') that are extracted 
by either mining or in-situ methods and refined or otherwise proc- 
essed in the United States in order to assist in meeting the fiiel 
requirements of the Department of Defense when the Secretary 
determines that it is in the national interest. 

"(b) Authority to Procure.— The Secretary of Defense may 
enter into 1 or more contracts or other agreements (that meet 
the requirements of this section) to procure a covered fuel to meet 
1 or more fuel requirements of the Department of Defense. 

"(c) Clean Fuel Requirements.— A covered fuel may be pro- 
cured under subsection (b) only if the covered fuel meets such 
standards for clean fuel produced from domestic sources as the 
Secretary of Defense shall establish for purposes of this section 
in consultation with the Department of Energy. 

"(d) Multiyear Contract Authority.— Subject to applicable 
provisions of law, any contract or other agreement for the procure- 
ment of covered fuel under subsection (b) may be for 1 or more 
years at the election of the Secretary of Defense. 

"(e) Fuel Source Analysis. — In order to facilitate the procure- 
ment by the Department of Defense of covered fuel under subsection 
(b), the Secretziry of Defense may ceirry out a comprehensive assess- 
ment of current and potential locations in the United States for 
the supply of covered fuel to the Department.". 

(2) Clerical amendment.— The table of sections for 

chapter 141 of title 10, United States Code, is amended by 

inserting eifter the item relating to section 2398 the following: 

*^398a. Procurement of fuel derived from coal, oil shale, and tar sands.". 

(r) State Water Rights. — ^Nothing in this section preempts 
or affects any State water law or interstate compact relating to 
water. 

(s) Authorization of Approprl\tions.— There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 



128 



119 STAT. 734 



PUBLIC LAW 109-58— AUG. 8, 2005 



Effective date. 

Termination 

date. 



Deadline. 



Certification. 



SEC. 370. FINGER LAKES WITHDRAWAL. 

All Federal land within the boundary of Finger Leikes National 
Forest in the State of New York is withdrawn from — 

(1) all forms of entry, appropriation, or disposal under 
the public land laws; and 

(2) disposition under all laws relating to oil and gas leasing. 

30 use 188 note. SEC. 371. REINSTATEMENT OF LEASES. 

(a) Leases Terminated for Certain Failure to Pay 
Rental. — Notwithstanding section 31(d)(2XB) of the Mineral 
Leasing Act (30 U.S.C. 188(d)(2)(B)) as in effect before the effective 
date of this section, and notwithstanding the amendment made 
by subsection (b) of this section, the Secretary of the Interior may 
reinstate any oil and gas lease issued under that Act that was 
terminated for failure of a lessee to pay the fiill amount of rental 
on or before the aiuiiversary date of the lease, during the period 
beginning on September 1, 2001, and ending on June 30, 2004, 
if— 

(1) not later than 120 days after the date of enactment 
of this Act, the lessee — 

(A) files a petition for reinstatement of the lease; 

(B) complies with the conditions of section 31(e) of 
the Mineral Leasing Act (30 U.S.C. 188(e)); and 

(C) certifies that the lessee did not receive a notice 
of termination by the date that was 13 months before 
the date of termination; and 

(2) the land is available for leasing. 

(b) Deadline for Petitions, Generally. — Section 31(d)(2) of 
the Mineral Leasing Act (30 U.S.C. 188(d)(2)) is amended by striking 
subparagraphs (A) and (B) and inserting the following: 

"(A) with respect to any lease that terminated under 
subsection (b) on or before the date of the enactment of 
the Energy Policy Act of 2005, a petition for reinstatement 
(together with the required back rental and royalty 
accruing after the date of termination) is filed on or before 
the earlier of— 

"(i) 60 days aft«r the lessee receives from the Sec- 
retary notice of termination, whether by return of check 
or by any other form of actual notice; or 

"(ii) 15 months after the termination of the lease; 
or 

"(B) with respect to any lease that terminates under 
subsection (b) after the date of the enactment of the Energy 
PoUcy Act of 2005, a petition for reinstatement (together 
with the required back rental and royalty accruing after 
the date of termination) is filed on or before the earUer 
of— 

"(i) 60 days after receipt of the notice of termi- 
nation sent by the Secretary by certified mail to aU 
lessees of record; or 

"(ii) 24 months after the termination of the lease.". 

SEC. 372. consultation REGARDING ENERGY RIGHTS-OF-WAY ON 
PUBLIC LAND. 

(a) Memorandum of Understanding. — 



42 use 15928. 



129 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 735 

(1) In GEJ«ieral. — Not later than 6 months after the date Deadline. 
of enactment of this Act, the Secretary of Energy, in consulta- 
tion with the Secretary of the Interior, the Secretary of Agri- 
culture, and the Secretary of Defense with respect to lands 

under their respective jurisdictions, shall enter into a memo- 
randum of understanding to coordinate all applicable Federal 
authorizations and environmental reviews relating to a pro- 
posed or existing utility facility. To the maximum extent prac- 
ticable under appHcable law, the Secretary of Energy shall, 
to ensure timely review and permit decisions, coordinate such 
authorizations and reviews with any Indian tribes, multi-State 
entities, and State agencies that are responsible for conducting 
any separate permitting and environmental reviews of the 
affected utility facility. 

(2) Contents. — ^The memorandum of understanding shall 
include provisions that — 

(A) estabUsh — 

(i) a unified right-of-way application form; and 
(ii) an administrative procedure for processing 
right-of-way appUcations, including lines of authority, 
steps in appUcation processing, and timeframes for 
application processing; 

(B) provide for coordination of planning relating to 
the granting of the rights-of-way; 

(C) provide for an agreement among the affected Fed- 
eral agencies to prepare a single environmental review 
docimtient to be used as the basis for all Federal authoriza- 
tion decisions; and 

(D) provide for coordination of use of right-of-way stipu- 
lations to achieve consistency. 

(b) Natural Gas Pipelines.— 

(1) In general. — ^With respect to permitting activities for 
interstate natural gas pipelines, the May 2002 document enti- 
tled "Interagency Agreement On Early Coordination Of 
Required Environmental And Historic Preservation Reviews 
Conducted In Conjunction With The Issuance Of Authorizations 
To Construct And Operate Interstate Natural Gas Pipelines 
Certificated By The Federal Energy Regulatory Commission" 
shall constitute compliance with subsection (a). 

(2) Report. — 

(A) In general. — Not later them 1 year after the date 
of enactment of this Act, and every 2 years thereafter, 
agencies that are signatories to the document referred to 
in paragraph (1) shall transmit to Congress a report on 
how the agencies under the jurisdiction of the Secretaries 
are incorporating and implementing the provisions of the 
document referred to in paragraph (1). 

(B) Contents.— The report shall address — 

(i) efforts to implement the provisions of the docu- 
ment referred to in paragraph (1); 

(ii) whether the efforts have had a streamlining 
effect; 

(ui) further improvements to the permitting 
process of the agency; and 

(iv) recommendations for inclusion of State and 
tribal governments in a coordinated permitting process. 



130 



119 STAT. 736 PUBLIC LAW 109-58— AUG. 8, 2005 

(c) Definition of Utility Facility. — In this section, the term 
"utiUty facility^' means any privately, publicly, or cooperatively 
owned Une, facility, or system — 

(1) for the transportation of— 

(A) oil, natural gas, synthetic liquid fuel, or gaseous 
fuel; 

(B) any refined product produced fi"om oil, natural 
gas, synthetic liquid fuel, or gaseous fuel; or 

(C) products in support of the production of material 
referred to in subparagraph (A) or (B); 

(2) for storage and terminal facilities in connection with 
the production of material referred to in paragraph (1); or 

(3) for the generation, transmission, and distribution of 
electric energy. 

Nv SEC. 373. SENSE OF CONGRESS REGARDING DEVELOPMENT OF MIN- 
ERALS UNDER PADRE ISLAND NATIONAL SEASHORE. 

(a) Findings. — Congress finds the following: 

(1) Pursuant to Pubhc Law 87-712 (16 U.S.C. 459d et 
seq.; popularly known as the "Federal Enabling Act") and var- 
ious deeds and actions under that Act, the United States is 
the owner of only the surface estate of certain lands constituting 
the Padre Island National Seashore. 

(2) Ownership of the oil, gas, and other minerals in the 
subsurface estate of the lands constituting the Padre Island 
National Seashore was never acquired by the United States, 
and ownership of those interests is held by the State of Texas 
and private parties. 

(3) PubUc Law 87-712 (16 U.S.C. 459d et seq.>— 

(A) expressly contemplated that the United States 
would recognize the ownership and future development 
of the oil, gas, and other minerals in the subsurface estate 
of the lands constituting the Padre Island National Sea- 
shore by the owners and their mineral lessees; and 

(B) recognized that approval of the State of Texas 
was reqmred to create Padre Island National Seashore. 

(4) Approval was given for the creation of Padre Island 
Nationsd Seashore by the State of Texas through Tex. Rev. 
Civ. Stat. Ann. Art. 6077(t) (Vernon 1970), which expressly 
recognized that development of the oil, gas, and other minerals 
in the subsurface of the lands constituting Padre Island 
National Seashore would be conducted with full rights of ingress 
and egress under the laws of the State of Texas. 

(b) Sense of Congress. — It is the sense of Congress that 
with regard to Federal law, any regulation of the development 
of oil, gas, or other minerals in the subsurface of the lands consti- 
tuting Padre Island National Seashore should be made as if those 
lands retained the status that the lands had on September 27, 
1962. 

LouiBiana. SEC. 374. LIVINGSTON PARISH MINERAL RIGHTS TRANSFER. 

Section 102 of Public Law 102-562 (106 Stat. 4234) is amended 
by striking subsection (b) and inserting the following: 

"(b) Reservation of Oil and Gas Rights and Conveyance 
OF Remaining Mineral Rights. — Subject to the limitations set 
forth in subsection (c), the United States hereby excepts and 
reserves fi-om the provisions of subsection (a), all rights to oil 
and gas underlying such lands, along with the right to explore 



131 



119 STAT. 744 



PUBLIC LAW 109-58— AUG. 8, 2005 



Contracts. 



42 use 15941. 



Deadline. 
42 use 13368 
note. 



"(2) Compliance with authorized uses. — If the Secretary 
determines that any expenditure made by a producing State 
or coastal political subdivision is not consistent with this sub- 
section, the Secretary shall not disburse any additional amount 
imder this section to the producing State or the coastal poUticed 
subdivision until such time as all amounts obUgated for 
unauthorized uses have been repaid or reobhgated for author- 
ized uses. 

"(3) Limitation. — ^Not more than 23 percent of amounts 
received by a producing State or coastal political subdivision 
for any 1 fiscal year shall be used for the purposes described 
in subparagraphs (C) and (E) of paragraph (1).". 

SEC. 385. STUDY OF AVAILABILITy OF SKILLED WORKERS. 

(a) In General. — ^The Secretary shall enter into an arrange- 
ment with the National Academy of Sciences under which the 
National Academy of Sciences shall conduct a study of the short- 
term and long-term availability of skilled workers to meet the 
energy and mineral security requirements of the United States. 

(b) Inclusions. — The study shall include an analysis of— 

(1) the need for and availability of workers for the oil, 
gas, and mineral industries; 

(2) the availability of skilled labor at both entry level 
and more senior levels; and 

(3) recommendations for future actions needed to meet 
future labor requirements. 

(c) Report. — ^Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit to Congress a report that 
describes the results of the study. 

SEC. 386. GREAT LAKES OIL AND GAS DRILLING BAN. 

No Federal or State permit or lease shall be issued for new 
oil and gas slant, directional, or offshore drilling in or imder one 
or more of the Great Lakes. 

SEC. 387. FEDERAL COALBED METHANE REGULATION. 

Any State currently on the list of Affected States established 
under section 1339(b) of the Energy PoHcy Act of 1992 (42 U.S.C. 
13368(b)) shall be removed from the Ust if, not later than 3 years 
after the date of enactment of this Act, the State takes, or prior 
to the date of enactment has taken, smy of the actions reqviired 
for removal from the Ust imder such section 1339(b). 

SEC. 388. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTI- 
NENTAL SHELF. 

(a) Amendment to Outer Continental Shelf Lands Act. — 
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337) is amended by adding at the end the following: 

"(p) Leases, Easements, or Rights-of-way for Energy and 
Related Purposes. — 

"(1) In general. — The Secretary, in consultation with the 
Secretary of the Department in which the Coast Guard is 
operating and other relevant departments and agencies of the 
Federal Government, may grant a lease, easement, or right- 
of-way on the outer Continental Shelf for activities not other- 
wise authorized in this Act, the Deepwater Port Act of 1974 
(33 U.S.C. 1501 et seq.), the Ocean Thermal Energy Conversion 



132 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 745 

Act of 1980 (42 U.S.C. 9101 et seq.), or other applicable law, 
if those activities — 

"(A) support exploration, development, production, or 
storage of oil or natvu-al gas, except that a lease, easement, 
or right-of-way shall not be granted in an area in which 
oil and gas preleasing, leasing, and related activities are 
prohibited by a moratorium; 

"(B) support transportation of oil or natural gas, 
excluding shipping activities; 

"(C) produce or support production, transportation, or 
transmission of energy from sources other than oil and 
gas; or 

"(D) use, for energy-related purposes or for other 
authorized marine-related purposes, facilities currently or 
previously used for activities authorized under this Act, 
except that any oil and gas energy-related uses shall not 
be authorized in areas in which oil and gas preleasing, 
leasing, and related activities are prohibited by a morato- 
rium. 

"(2) Payments and revenues.— (A) The Secretary shall 
establish royalties, fees, rentals, bonuses, or other payments 
to ensure a fair return to the United States for any lease, 
easement, or right-of-way granted under this subsection. 

"(B) The Secretary shall provide for the payment of 27 
percent of the revenues received by the Federal Government 
as a result of payments under this section from projects that 
are located wholly or partially within the area extending three 
nautical miles seaward of State submerged lands. Payments Regulations, 
shall be made based on a formula established by the Secretary Deadline, 
by rulemaking no later than 180 days after the date of enact- 
ment of this section that provides for equitable distribution, 
based on proximity to the project, among coastal states that 
have a coastline that is located within 15 miles of the 
geographic center of the project. 

"(3) COMPETTTIVE OR NONCOMPETITIVE BASIS. — Except with 

respect to projects that meet the criteria established xinder 
section 388(d) of the Energy Policy Act of 2005, the Secretary 
shall issue a lease, easement, or right-of-way under paragraph 
(1) on a competitive basis unless the Secretary determines 
after public notice of a proposed lease, easement, or right- 
of-way that there is no competitive interest. 

"(4) Requirements. — The Secretary shall ensure that any 
activity under this subsection is carried out in a manner that 
provides for — 

"(A) safety; 

"(B) protection of the environment; 
"(C) prevention of waste; 

"(D) conservation of the natiu-al resources of the outer 
Continental Shelf; 

"(E) coordination with relevant Federal agencies; 
"(F) protection of national security interests of the 
United States; 

"(G) protection of correlative rights in the outer Conti- 
nental Shelf; 

"(H) a fair return to the United States for any lease, 
easement, or right-of-way under this subsection; 



133 



119 STAT. 746 



PUBLIC LAW 109-58— AUG. 8, 2005 



Deadline. 



43 use 1337 
note. 



"(I) prevention of interference with reasonable uses 
(as determined by the Secretary) of the exclusive economic 
zone, the high seas, and the territorial seas; 
"(J) consideration of— 

"(i) the location of, and any schedule relating to, 
a lease, easement, or right-of-way for an area of the 
outer ContinentEil Shelf; and 

"(ii) any other use of the sea or seabed, including 
use for a fishery, a scalane, a potential site of a deep- 
water port, or navigation; 

"(K) public notice and comment on any proposal sub- 
mitted for a lease, easement, or right-of-way under this 
subsection; and 

"(L) oversight, inspection, research, monitoring, and 
enforcement relating to a lease, easement, or right-of-way 
under this subsection. 

"(5) Lease duration, suspension, and cancellation.— 
The Secretary shall provide for the duration, issuance, transfer, 
renewal, suspension, and cancellation of a lease, easement, 
or right-of-way under this subsection. 

(6) Security. — The Secretary shall require the holder of 
a lease, easement, or right-of-way granted imder this subsection 
to — 

"(A) furnish a surety bond or other form of security, 
as prescribed by the Secretary; 

"(B) comply with such other requirements as the Sec- 
retary considers necessary to protect the interests of the 
public and the United States; and 

"(C) provide for the restoration of the lease, easement, 
or right-of-way. 

"(7) Coordination and consultation with affected 
STATE and local GOVERNMENTS. — ^The Secretary shall provide 
for coordination and consultation with the Governor of any 
State or the executive of any local government that may be 
affected by a lease, easement, or right-of-way under this sub- 
section. 

"(8) Regulations. — ^Not later than 270 days after the date 
of enactment of the Energy Policy Act of 2005, the Secretary, 
in consultation with the Secretary of Defense, the Secretary 
of the Department in which the Coast Guard is operating, 
the Secretary of Commerce, heads of other relevant depart- 
ments and agencies of the Federal Government, and the Gov- 
ernor of any affected State, shall issue any necessary regula- 
tions to carry out this subsection. 

"(9) Effect of subsection. — ^Nothing in this subsection 
displaces, supersedes, limits, or modifies the jurisdiction, 
responsibility, or authority of any Federal or State agency 
under any other Federal law. 

"(10) Applicability. — This subsection does not apply to 
any area on the outer Continental Shelf within the exterior 
boundaries of any unit of the National Park System, National 
Wildlife Refuge System, or National Marine Sanctuary System, 
or any National Monument.", 
(b) Coordinated OCS Mapping Initiative.- 

(1) In general. — ^The Secretary of the Interior, in coopera- 
tion with the Secretary of Commerce, the Commandant of the 
Coast Guard, and the Secretary of Defense, shall establish 



134 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 747 

an interagency comprehensive digital mapping initiative for 
the outer Continental Shelf to assist in decisionmaking relating 
to the siting of activities under subsection (p) of section 8 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) 
(as added by subsection (a)). 

(2) Use of data. — The mapping initiative shall use, and 
develop procedures for accessing, data collected before the date 
on which the mapping initiative is established, to the maximum 
extent practicable. 

(3) Inclusions. — Mapping carried out under the mapping 
initiative shall include an indication of the locations on the 
outer Continental Shelf of — 

(A) Federally-permitted activities; 

(B) obstructions to navigation; 

(C) submerged cultural resources; 

(D) undersea cables; 

(E) offshore aquaculture projects; and 

(F) any area designated for the purpose of safety, 
national security, environmental protection, or conservation 
and management of living marine resovu"ces. 

(c) Conforming Amendment.— Section 8 of the Outer Conti- 
nental Shelf Lands Act (43 U.S.C. 1337) is amended by striking 
the section heading and inserting the following: "LEASES, EASE- 
ments, and rights-of-way on the outer continental 
Shelf.—". 

(d) Savings Provision. — Nothing in the amendment made by 43 use 1337 
subsection (a) requires the resubmittal of any document that was tiot®- 
previously submitted or the reauthorization of any action that was 
previously authorized with respect to a project for which, before 

the date of enactment of this Act — 

(1) an offshore test faciUty has been constructed; or 

(2) a request for a proposal has been issued by a pubhc 
authority. 

(e) State Claims to Jurisdiction Over Submerged Lands.— 43 use 1337 
Nothing in this section shall be construed to alter, limit, or modify note. 

any claim of any State to any jurisdiction over, or any right, 
title, or interest in, any submerged lands. 

SEC. 389. OIL SPILL RECOVERY INSTITUTE. 

Title V of the Oil Pollution Act of 1990 (33 U.S.C. 2731 et 
seq.) is amended — 

(1) in section 5001(i), by striking "September 30, 2012" 33USC2731. 
£md inserting "1 year after the date on which the Secretary, 

in consvdtation with the Secretary of the Interior, determines 
that oil and gas exploration, development, and production in 
the State of Alaska have ceased"; and 

(2) in section 5006(c), by striking "October 1, 2012" and 33USC2736. 
inserting "1 year after the date on which the Secretary, in 
consultation with the Secretary of the Interior, determines that 

oil and gas exploration, development, and production in the 
State of Alaska have ceased,". 

SEC. 390. NEPA REVIEW. 42 USC 15942. 

(a) NEPA Review.— Action by the Secretary of the Interior 
in managing the pubhc lands, or the Secretary of Agriculture in 
managing National Forest System Lands, with respect to any of 
the activities described in subsection (b) shall be subject to a rebut- 
table presumption that the use of a categorical exclusion under 



135 



119 STAT. 748 PUBLIC LAW 109-58— AUG. 8, 2005 

the National Environmental Policy Act of 1969 (NEPA) would apply 
if the activity is conducted pursuant to the Mineral Leasing Act 
for the purpose of exploration or development of oil or gas. 

(b) Activities Described. — ^The activities referred to in sub- 
section (a) are the following: 

(1) Individual surface disturbances of less than 5 acres 
so long as the total surface disturbance on the lease is not 
greater than 150 acres and site-specific analysis in a document 
prepared pursuant to NEPA has been previously completed. 

(2) Drilling an oil or gas well at a location or well pad 
site at which drilling has occurred previously within 5 years 
prior to the date of spudding the well. 

(3) Drilhng an oil or gas well within a developed field 
for which an approved land use plan or any environmental 
document prepared pursuant to NEPA analyzed such drilling 
as a reasonably foreseeable activity, so long as such plan or 
document was approved writhin 5 years prior to the date of 
spudding the well. 

(4) Placement of a pipeline in an approved right-of-way 
corridor, so long as the corridor was approved within 5 years 
prior to the date of placement of the pipeline. 

(5) Maintenance of a minor activity, other than any 
construction or major renovation or a building or facility. 

Subtitle H — ^Refinery Revitalization 

42USC15951. SEC. 391. FINDINGS AND DEFENinONS. 

(a) Findings.— Congress finds that — 

(1) it serves the national interest to increase petroleum 
refining capacity for gasoline, heating oil, diesel fuel, jet fiiel, 
kerosene, and petrochemical feedstocks wherever located within 
the United States, to bring more supply to the markets for 
the use of the American people; 

(2) United States demand for refined petroleum products 
currently exceeds the covmtry's petroleum refining capacity to 
produce such products; 

(3) this excess demand has been met with increased 
imports; 

(4) due to lack of capacity, refined petroleum product 
imports are expected to grow fi-om 7.9 percent to 10.7 percent 
of total refined product by 2025; 

(5) refiners are still subject to significant environmental 
and other regulations and face several new requirements under 
the Clean Air Act (42 U.S.C. 7401 et seq.) over the next decade; 
and 

(6) better coordination of Federal and State regulatory 
reviews may help facilitate siting and construction of new refin- 
eries to meet the demand in the United States for refined 
products. 

(b) Definitions.— In this subtitle: 

(1) Administrator.— The term "Administrator" means the 
Administrator of the Environmental Protection Agency. 

(2) State.— The term "State" means— 

(A) a State; 

(B) the Commonwealth of Puerto Rico; and 



136 



119 STAT. 814 



PUBLIC LAW 109-58— AUG. 8, 2005 



Deadline. 
42 use 2210i 
note. 



42 use 2210i 
note. 



42 use 22101 
note. 



42 use 16042. 



license issued pursuant to this Act, are accompanied by a manifest 
describing the type and amount of materials being transferred 
or received. Each individual receiving or accompanjring the transfer 
of such materials shall be subject to a security bacl^ound check 
conducted by appropriate Federal entities. 

"b. Except as otherwise provided by the Commission by regula- 
tion, the materials referred to in subsection a. are byproduct mate- 
rials, source materials, special nuclear materials, high-level radio- 
active waste, spent nuclear fuel, transuranic waste, and low-level 
radioactive waste (as defined in section 2(16) of the Nuclear Waste 
PoUcy Act of 1982 (42 U.S.C. 10101(16))).". 

(b) Regulations. — Not later than 1 year after the date of 
the enactment of this Act, and from time to time thereafter as 
it considers necessary, the Nuclear Regtdatory Commission shaU 
issue regulations identifying radioactive materials or classes of 
individuals that, consistent with the protection of public health 
and safety and the common defense and sectuity, are appropriate 
exceptions to the requirements of section 170D of the Atomic Energy 
Act of 1954, as added by subsection (a) of this section. 

(c) Effective Date. — ^The amendment made by subsection (a) 
shall take effect upon the issuance of regulations under subsection 
(b), except that the background check requirement shall become 
effective on a date established by the Commission. 

(d) Effect on Other Law.— Nothing in this section or the 
amendment made by this section shall waive, modify, or affect 
the application of chapter 51 of title 49, United States Code, part 
A of subtitle V of title 49, United States Code, part B of subtitle 
VI of title 49, United States Code, and title 23, United States 
Code. 

(e) Conforming Amendment.— The table of sections of the 
Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended 
by subsection (a)) is amended by adding at the end of the items 
relating to chapter 14 the following: 

"Sec. 1701. Secure transfer of nuclear materials.". 

SEC. 657. DEPARTMENT OF HOMELAND SECURITY CONSULTATION. 

Before issuing a hcense for a utilization faciUty, the Nuclear 
Regulatory Commission shall consult with the Department of Home- 
land Security concerning the potential vulnerabilities of the location 
of the proposed facility to terrorist attack. 

TITLE VII— VEHICLES AND FUELS 
Subtitle A — ^Existing Programs 

SEC. 701. USE OF ALTERNATIVE FUELS BY DUAL FUELED VEfflCLES. 

Section 400AA(a)(3)(E) of the Energy Policy and Conservation 
Act (42 U.S.C. 6374(a)(3)(E)) is amended to read as follows: 

"(E)(i) Dual fueled vehicles acquired piirsuant to this section 
shall be operated on alternative fuels unless the Secretary deter- 
mines that an agency qualifies for a wEiiver of such requirement 
for vehicles operated by the agency in a particular geographic 
area in which — 

"(I) the alternative fuel otherwise required to be used in 

the vehicle is not reasonably available to retail purchasers 



137 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 835 



(c) Report. — ^The Adininistrator shall submit to Congress a 
report on the findings, conclusion, and recommendations of the 
study under this section by not later than 1 year after the date 
of the enactment of this Act. 

SEC. 774. UPDATE TESTING PROCEDURES. 

The Administrator of the Environmental Protection Agency 
shall update or revise the adjustment factors in sections 600.209- 
85 and 600.209-95, of the Code of Federal Regulations, CFR Part 
600 (1995) Fuel Economy Regulations for 1977 and Later Model 
Year Automobiles to take into consideration higher speed limits, 
faster acceleration rates, variations in temperature, use of air condi- 
tioning, shorter city test cycle lengths, current reference fuels, and 
the use of other fuel depleting features. 

Subtitle F—Federal and State 
Procurement 

SEC. 781. DEFESrnONS. 42 USC 16121. 

In this subtitle: 

(1) Fuel cell. — The term "fuel cell" means a device that 
directly converts the chemical energy of a fuel and an oxidant 
into electricity by electrochemical processes occurring at sepa- 
rate electrodes in the device. 

(2) Light-duty or heavy-duty vehicle fleet.— The term 
"light-duty or heavy-duty vehicle fleet" does not include any 
vehicle designed or procured for combat or combat-related mis- 
sions. 

(3) Stationary; portable.— The terms "stationary" and 
"portable", when used in reference to a fuel cell, include — 

(A) continuous electric power; and 

(B) backup electric power. 

(4) Task force.— The term 'Task Force" means the 
Hydrogen and Fuel Cell Technical Task Force established under 
section 806 of this Act. 

(5) Technical advisory committee.— The term 'Technical 
Advisory Committee" means the independent Technical 
Advisory Committee selected vmder section 807 of this Act. 

SEC. 782. FEDERAL AND STATE PROCUREMENT OF FUEL CELL 42 USC 16122. 
VEHICLES AND HYDROGEN ENERGY SYSTEMS. 

(a) Purposes. — ^The purposes of this section are — 

(1) to stimulate acceptance by the market of fuel cell 
vehicles and hydrogen energy systems; 

(2) to support development of technologies relating to fuel 
cell vehicles, public refueling stations, and hydrogen energy 
systems; and 

(3) to require the Federal government, which is the largest 
single user of energy in the United States, to adopt those 
technologies as soon as practicable after the technologies are 
developed, in conjunction with private industry partners. 

(b) Federal Leases and Purchases.— 

(1) Requirement.— 

(A) In general.— Not later than January 1, 2010, the Deadline, 
head of any Federal agency that uses a light-duty or heavy- 
duty vehicle fleet shall lease or purchase fuel cell vehicles 



138 



119 STAT. 836 PUBLIC LAW 109-58— AUG. 8, 2005 

and hydrogen energy systems to meet any applicable energy 
savings goal described in subsection (c). 

(B) Learning demonstration vehicles.— The Sec- 
retary may lease or purchase appropriate vehicles devel- 
oped imder subsections (a)(10) and (b)(1)(A) of section 808 
to meet the requirement in subparagraph (A). 

(2) Costs of leases and purchases. — 

(A) In general. — ^The Secretary, in cooperation with 
the Task Force and the Technical Advisory Committee, 
shall pay to Federal agencies (or share the cost under 
interagency agreements) the difference in cost between — 

(i) the cost to the agencies of leasing or purchasing 
fuel cell vehicles and hydrogen energy systems under 
paragraph (1); and 

(ii) the cost to the agencies of a feasible alternative 
to leasing or purchasing fuel cell vehicles and hydrogen 
energy systems, as determined by the Secretary. 

(B) Competitive costs and management struc- 
tures. — In carrying out subparagraph (A), the Secretary, 
in consultation with the agency, may use the (General Serv- 
ices Administration or any commercial vendor to ensure — 

(i) a cost-effective purchase of a fuel cell vehicle 
or hydrogen energy system; or 

(ii) a cost-effective management structure of the 
lease of a fuel cell vehicle or hydrogen energy system. 

(3) Exception.— 

(A) In general. — ^If the Secretary determines that the 
head of an agency described in paragraph (1) cannot find 
an appropriately efficient and reliable fiiel cell vehicle or 
hydrogen energy system in accordance with paragraph (1), 
that agency shall be excepted from compliance with para- 
graph (1). 

(B) Consideration. — In making a determination imder 
subparagraph (A), the Secretary shall consider — 

(i) the needs of the agency; and 
(ii) an evaluation performed by — 

(I) the Task Force; or 

(II) the Technical Advisory Committee, 
(c) Energy Savings Goals. — 

Deadlines. (1) In GENERAL.— 

(A) Regulations. — Not later than December 31, 2006, 
the Secretary shall — 

(i) in cooperation with the Task Force, promulgate 
regulations for the period of 2008 through 2010 that 
extend and augment energy savings goals for each 
Federal agency, in accordance with any Executive order 
issued after March 2000; and 

(ii) promvdgate regulations to expand the minimum 
Federal fleet requirement and credit allowances for 
fuel cell vehicle systems under section 303 of the 
Energy Policy Act of 1992 (42 U.S.C. 13212). 

(B) Review, evaluation, and new regulations.— Not 
later than December 31, 2010, the Secretary shall — 

(i) review the regulations promulgated under 
subparagraph (A); 

(ii) evaluate any progress made toward achieving 
energy savings by Federal agencies; and 



139 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 837 



(iii) promulgate new regulations for the period of 
2011 through 2015 to achieve additional energy savings 
by Federal agencies relating to technical and cost- 
performance standards. 
(2) OFFSEmNG ENERGY SAVINGS GOALS.— An agency that 
leases or purchases a fuel cell vehicle or hydrogen energy 
system in accordance with subsection (bXD may use that lease 
or purchase to coiuit toward an energy savings goal of the 
agency. 

(d) Cooperative Program With State Agencies.— 

(1) In general. — The Secretsiry may establish a cooperative 
program with State agencies managing motor vehicle fleets 
to encourage purchase of fuel cell vehicles by the agencies. 

(2) Incentives. — In carrying out the cooperative program, 
the Secretary may offer incentive payments to a State agency 
to assist with the cost of planning, differential purchases, and 
administration. 

(e) Authorization of Appropriations.— There is authorized 
to be appropriated to carry out this section — 

(1) $15,000,000 for fiscal year 2008; 

(2) $25,000,000 for fiscal year 2009; 

(3) $65,000,000 for fiscal year 2010; and 

(4) such sums as are necessary for each of fiscal years 
2011 through 2015. 

SEC. 783. FEDERAL PROCUREMENT OF STATIONARY, PORTABLE, AND 
MICRO FUEL CELLS. 

(a) Purposes. — ^The purposes of this section are — 

(1) to stimulate acceptance by the market of stationary, 
portable, and micro fuel cells; and 

(2) to support development of technologies relating to sta- 
tionary, portable, and micro fuel cells. 

(b) Federal Leases and Purchases.— 

(1) In general. — Not later than Janiiary 1, 2006, the head 
of any FedersJ agency that uses electrical power from sta- 
tionary, portable, or microportable devices shall lease or pur- 
chase a stationary, portable, or micro fuel cell to meet any 
applicable energy savings goal described in subsection (c). 

(2) Costs of leases and purchases.— 

(A) In general. — The Secretary, in cooperation with 
the Task Force and the Technical Advisory Committee, 
shall pay the cost to Federal agencies (or share the cost 
under interagency agreements) of leasing or purchasing 
stationary, portable, and micro fuel cells under paragraph 
(1). 

(B) Competitive costs and management struc- 
tures. — In carrying out subparagraph (A), the Secretary, 
in consultation with the agency, may use the General Serv- 
ices Administration or any commercial vendor to ensure — 

(i) a cost-effective purchase of a stationary, port- 
able, or micro fuel ceU; or 

(ii) a cost-effective management structure of the 
lease of a stationary, portable, or micro fuel cell. 

(3) Exception.— 

(A) In general. — If the Secretary determines that the 
head of an agency described in paragraph (1) cannot find 
an appropriately efficient and reliable stationary, portable, 



42 use 16123. 



Deadline. 



140 



119 STAT. 850 PUBLIC LAW 109-58— AUG. 8, 2005 

42 use 16157. SEC. 808. DEMONSTRATION. 

(a) In General. — ^In carrying out the programs under this 
section, the Secretary shall fund a limited number of demonstration 
projects, consistent with this title and a determination of the matu- 
rity, cost-effectiveness, and environmental impacts of technologies 
supporting each project. In selecting projects \inder this subsection, 
the Secretary shall, to the extent practicable and in the public 
interest, select projects that — 

(1) involve using hydrogen emd related products at existing 
facilities or installations, such as existing office buildings, mili- 
tary bases, vehicle fleet centers, transit bus authorities, or 
units of the National Park System; 

(2) depend on reliable power from hydrogen to carry out 
essential activities; 

(3) lead to the replication of hydrogen technologies and 
draw such technologies into the marketplace; 

(4) include vehicle, portable, and stationary demonstrations 
of fiiel cell and hydrogen-beised energy technologies; 

(5) address the interdependency of demand for hydrogen 
fuel cell applications and hydrogen fuel infrastructure; 

(6) raise awareness of hydrogen technology among the 
public; 

(7) facilitate identification of an optimum technology among 
competing alternatives; 

(8) address distributed generation using renewable sources; 

(9) carry out demonstrations of evolving hydrogen and fuel 
cell technologies in national parks, remote island areas, and 
on Indian tribal land, as selected by the Secretary; 

(10) carry out a program to demonstrate developmental 
hydrogen and fuel cell systems for mobile, portable, emd sta- 
tionary uses, using improved versions of the learning dem- 
onstrations program concept of the Department including dem- 
onstrations involving — 

(A) light-duty vehicles; 

(B) heavy-duty vehicles; 

(C) fleet vehicles; 

(D) specialty industrial and farm vehicles; £ind 

(E) commercial and residential portable, continuous, 
and backup electric power generation; 

(11) in accordance with any code or standards developed 
in a region, fund prototype, pilot fleet, and infrastructure 
regional hydrogen supply corridors along the interstate highway 
system in varied climates across the United States; and 

(12) fund demonstration programs that explore the use 
of hydrogen blends, hybrid hydrogen, and hydrogen reformed 
from renewable agricultural fuels, including the use of hydrogen 
in hybrid electric, heavier duty, and advanced internal combus- 
tion-powered vehicles. 

The Secretary shall give preference to projects which address mul- 
tiple elements contained in paragraphs (1) through (12). 

(b) System Demonstrations.— 

Grants. (1) In GENERAL. — ^As a component of the demonstration 

program under this section, the Secretary shall provide grants, 
on a cost share basis as appropriate, to eUgible entities (as 
determined by the Secretary) for use in — 



141 



PUBLIC LAW 109-68— AUG. 8, 2005 



119 STAT. 851 



(A) devising system design concepts that provide for 
the use of advanced composite vehicles in programs under 
section 782 that — 

(i) have as a primary goal the reduction of drive 
energy requirements; 

(ii) after 2010, add another research and develop- 
ment phase, as defined in subsection (c), including 
the vehicle and infrastructure partnerships developed 
under the learning demonstrations program concept 
of the Department; and 

(iii) are managed through an enhanced 
FreedomCAR program within the Department that 
encourages involvement in cost-shared projects by 
manufacturers and governments; and 

(B) designing a local distributed energy system that — 
(i) incorporates renewable hydrogen production, 

ofif-grid electricity production, and fleet apphcations 
in industrial or commercial service; 

(ii) integrates energy or applications described in 
clause (i), such as stationary, portable, micro, and 
mobile fuel cells, into a high-density commercial or 
residential building complex or agricultural commu- 
nity; and 

(iii) is managed in cooperation with industry. 
State, tribal, and local governments, agricultural 
organizations, and nonprofit generators and distribu- 
tors of electricity. 

(c) Identification of New Program Requirements. — In car- 
rying out the demonstrations under subsection (a), the Secretgiry, 
in consultation with the Task Force and the Technical Advisory 
Committee, shall — 

(1) after 2008 for stationary and portable applications, and 
after 2010 for vehicles, identify new requirements that refine 
technological concepts, planning, and applications; and 

(2) during the second phase of the learning demonstrations 
under subsection (b)(l)(A)(ii), redesign subsequent program 
work to incorporate those requirements. 

(d) Authorization of Appropriations. — There are authorized 
to be appropriated to carry out this section — 

(1) $185,000,000 for fiscal year 2006; 

(2) $200,000,000 for fiscal year 2007; 

(3) $250,000,000 for fiscal year 2008; 

(4) $300,000,000 for fiscal year 2009; 

(5) $376,000,000 for fiscal year 2010; and 

(6) such sums as are necessary for each of fiscal years 
2011 through 2020. 

SEC. 809. CODES AND STANDARDS. 

(a) In General. — ^The Secretary, in cooperation with the Task 
Force, shall provide grants to, or offer to enter into contracts with, 
such professional organizations, pubHc service orgemizations, and 
government agencies as the Secretary determines appropriate to 
support timely and extensive development of safety codes and stand- 
ards relating to fiiel cell vehicles, hydrogen energy systems, and 
stationary, portable, and micro fuel ceUs. 



42 use 16158. 

Grants. 
Contracts. 



142 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 941 



(3) demonstrated responsiveness to workforce and training 
requirements in the electric power industry. 

(c) TRAINING AND CONTINUING EDUCATION.— 

(1) In GENERAL. — The Center shall provide training and 
continuing education in electric power generation, transmission, 
and distribution technologies and operations. 

(2) Location. — ^The Center shall carry out training and 
education activities under paragraph (1) — 

(A) at the Center; and 

(B) through Internet-based information technologies 
that allow for learning at remote sites. 

TITLE XII— ELECTRICITY 

SEC. 1201. SHORT TITLE. 

This title may be cited as the "Electricity Modernization Act 
of 2005". 

Subtitle A — ^Reliability Standards 

SEC. 1211. ELECTRIC RELIABJLITY STANDARDS. 

(a) In General.— Part II of the Federal Power Act (16 U.S.C. 
824 et seq.) is amended by adding at the end the following: 

"SEC. 215. ELECTRIC RELIABILITY. 

"(a) Defenitions. — For purposes of this section: 
"(1) The term 'bulk-power system' means — 

"(A) facilities and control systems necessary for oper- 
ating an interconnected electric energy transmission net- 
work (or any portion thereof); and 

"(B) electric energy from generation faciUties needed 
to maintain transmission system rehability. 
The term does not include faciUties used in the local distribution 
of electric energy. 

"(2) The terms 'Electric Rehability Organization' and 'ERG' 
mean the organization certified by the Commission under sub- 
section (c) the purpose of which is to establish and enforce 
rehability standards for the bulk-power system, subject to 
Commission review. 

"(3) The term 'rehability standard' means a requirement, 
approved by the Commission under this section, to provide 
for rehable operation of the bulk-power system. The term 
includes requirements for the operation of existing bulk-power 
system faciUties, including cybersecurity protection, and the 
design of planned additions or modifications to such faciUties 
to the extent necessary to provide for reUable operation of 
the bulk-power system, but the term does not include any 
requirement to enlarge such faciUties or to construct new tretns- 
mission capacity or generation capacity. 

"(4) The term 'reUable operation' means operating the ele- 
ments of the bulk-power system within equipment and electric 
system thermal, voltage, and stability limits so that instability, 
luicontroUed separation, or cascading failures of such system 
wiU not occur as a result of a sudden disturbance, including 
a cybersecurity incident, or unanticipated failure of system 
elements. 



Electricity 
Modernization 
Act of 2005. 
42 use 15801 
note. 



16 use 8240. 



143 



119 STAT. 946 



PUBLIC LAW 109-58— AUG. 8, 2005 



16 use 824o 
note. 



16 use 8240 
note. 



proposed to apply within the region is just, reasonable, not unduly 
discriminatory or preferential, and in the pubUc interest, whether 
fees proposed to be assessed within the region are just, reasonable, 
not unduly discriminatory or preferential, and in the public interest 
and any other responsibilities requested by the Commission. Tlie 
Commission may give deference to the advice of any such regional 
advisory body if that body is organized on an Interconnection- 
Avide basis. 

"(k) Alaska and Hawaii. — ^The provisions of this section do 
not apply to Alaska or Hawaii.". 

(b) Status of ERO. — The Electric ReHabiUty Organization cer- 
tified by the Federal Energy Regulatory Commission under section 
215(c) of the Federal Power Act and any regional entity delegated 
enforcement authority pursuant to section 215(e)(4) of that Act 
are not departments, agencies, or instrumentalities of the United 
States Government. 

(c) Access Approvals by Federal Agencies. — ^Federal agen- 
cies responsible for approving access to electric transmission or 
distribution facilities located on lands within the United States 
shall, in accordance with applicable law, expedite any Federal 
agency approvals that are necessary to allow the owners or opera- 
tors of such facilities to comply with any rehabihty standard, 
approved by the Commission imder section 215 of the Federal 
Power Act, that pertains to vegetation management, electric service 
restoration, or resolution of situations that imminently endanger 
the reliabihty or safety of the facilities. 

Subtitle B — Transmission Infrastructure 
Modernization 



16 use 824p. 
Deadlines. 



Reports. 



SEC. 1221. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILI- 
TIES. 

(a) In General.— Part II of the Federal Power Act (16 U.S.C. 
824 et seq.) is amended by adding at the end the following: 

-SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILI- 
TIES. 

"(a) Designation of National Interest Electric Trans- 
mission Corridors.— (1) Not later than 1 year after the date of 
enactment of this section and every 3 years thereafter, the Secretary 
of Energy (referred to in this section as the 'Secretary*), in consulta- 
tion with affected States, shall conduct a study of electric trans- 
mission congestion. 

"(2) After considering alternatives and recommendations firom 
interested parties (including an opportimity for comment from 
affected States), the Secretary shall issue a report, based on the 
study, which may designate any geographic area experiencing elec- 
tric energy transmission capacity constraints or congestion that 
adversely affects consumers as a national interest electric trans- 
mission corridor. 

"(3) The Secretary shall conduct the study and issue the report 
in consultation with any appropriate regional entity referred to 
in section 215. 

"(4) In determining whether to designate a national interest 
electric transmission corridor under paragraph (2), the Secretary 
may consider whether — 



144 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 947 

"(A) the economic vitality and development of the corridor, 
or the end markets served by the corridor, may be constrained 
by lack of adequate or reasonably priced electricity; 

"(B)(i) economic growth in the corridor, or the end markets 
served by the corridor, may be jeopardized by rehemce on lim- 
ited sources of energy; and 

"(ii) a diversification of supply is warranted; 
"(C) the energy independence of the United States would 
be served by the designation; 

"(D) the designation would be in the interest of national 
energy pohcy; and 

"(E) the designation would enhance national defense and 
homeland secxirity. 

"(b) Construction Permit. — Except as provided in subsection 
(i), the Commission may, after notice and an opportunity for 
hearing, issue one or more permits for the construction or modifica- 
tion of electric transmission facilities in a national interest electric 
transmission corridor designated by the Secretary under subsection 
(a) if the Conunission finds that — 

"(1)(A) a State in which the transmission facilities are 

to be constructed or modified does not have authority to — 

"(i) approve the siting of the facihties; or 

"(ii) consider the interstate benefits expected to be 

achieved by the proposed construction or modification of 

transmission facilities in the State; 

"(B) the applicant for a permit is a transmitting utility 
under this Act but does not qualify to apply for a permit 
or siting approval for the proposed project in a State because 
the applicant does not serve end-use customers in the State; 
or 

"(C) a State commission or other entity that has authority 
to approve the siting of the facilities has — 

"(i) withheld approval for more than 1 year after the 
filing of an application seeking approval pursuant to 
applicable law or 1 year after the designation of the rel- 
evant national interest electric transmission corridor, 
whichever is later; or 

"(ii) conditioned its approval in such a manner that 
the proposed construction or modification will not signifi- 
cantly reduce transmission congestion in interstate com- 
merce or is not economically feasible; 

"(2) the facilities to be authorized by the permit wiU be 
used for the tremsmission of electric energy in interstate com- 
merce; 

"(3) the proposed construction or modification is consistent 
with the public interest; 

"(4) the proposed construction or modification will signifi- 
cantly reduce transmission congestion in interstate commerce 
and protects or benefits consumers; 

"(5) the proposed construction or modification is consistent 
with sound national energy policy and will enhance energy 
independence; and 

"(6) the proposed modification will maximize, to the extent 
reasonable and economical, the transmission capabilities of 
existing towers or structures. 

"(c) Permit Applications.— (1) Permit appUcations imder sub- 
section (b) shall be made in writing to the Commission. 



145 



119 STAT. 948 PUBLIC LAW 109-58— AUG. 8, 2005 

Regulations. "(2) The Commission shall issue mles specifying — 

"(A) the form of the application; 

"(B) the information to be contained in the appUcation; 
and 

"(C) the manner of service of notice of the permit applica- 
tion on interested persons. 

"(d) Comments. — In any proceeding before the Commission 
under subsection (b), the Commission shaU afford each State in 
which a transmission facility covered by the permit is or will be 
located, each affected Federal agency and Indian tribe, private 
property owners, and other interested persons, a reasonable oppor- 
tunity to present their views and recommendations with respect 
to the need for and impact of a facility covered by the permit. 

"(e) Rights-OF-Way. — (1) In the case of a permit under sub- 
section (b) for electric transmission facilities to be located on prop- 
erty other than property owned by the United States or a State, 
if the permit holder cannot acquire by contract, or is unable to 
agree v^dth the owner of the property to the compensation to be 
paid for, the necessary right-of-way to construct or modify the 
transmission facilities, the permit holder may acquire the right- 
of-way by the exercise of the right of eminent domain in the district 
court of the United States for the district in which the property 
concerned is located, or in the appropriate court of the State in 
which the property is located. 

"(2) Any right-of-way acquired under paragraph (1) shall be 
used exclusively for the construction or modification of electric 
transmission facilities within a reasonable period of time after 
the acquisition. 

"(3) The practice and procedure in any action or proceeding 
under this subsection in the district court of the United States 
shall conform as nearly as practicable to the practice and procedure 
in a similar action or proceeding in the courts of the State in 
which the property is located. 

"(4) Nothing in this subsection shall be construed to authorize 
the use of eminent domain to acquire a right-of-way for any purpose 
other than the construction, modification, operation, or maintenance 
of electric transmission facilities and related facilities. The right- 
of-way cannot be used for any other purpose, and the right-of- 
way shall terminate upon the termination of the use for which 
the right-of-way was acquired. 

"(f) Compensation. — (1) Any right-of-way acquired pursuant 
to subsection (e) shall be considered a taking of private property 
for which just compensation is due. 

"(2) Just compensation shall be an amount equal to the fair 
market value (including applicable severance damages) of the prop- 
erty taken on the date of the exercise of eminent domain authority. 

"(g) State Law. — ^Nothing in this section precludes any person 
from constructing or modifying any transmission facility in accord- 
ance -with. State law. 

"(h) Coordination of Federal Authorizations for Trans- 
mission Facilities.— (1) In this subsection: 

"(A) The term 'Federal authorization' means any authoriza- 
tion required under Federal law in order to site a transmission 

facility. 

"(B) The term 'Federal authorization' includes such permits, 

special use authorizations, certifications, opinions, or other 



146 



PUBLIC LAW 109-58— AUG. 8, 2005 



119 STAT. 949 



approvals as may be required under Federal law in order to 

site a transmission facility. 

"(2) The Department of Energy shall act as the lead agency 
for purposes of coordinating all applicable Federal authorizations 
and related environmental reviews of the facihty. 

"(3) To the maximum extent practicable under appUcable Fed- 
eral law, the Secretary shall coordinate the Federal authorization 
and review process under this subsection with any Indian tribes, 
multistate entities, and State agencies that are responsible for 
conducting any separate permitting and environmental reviews of 
the facihty, to ensure timely and efficient review and permit 
decisions. 

"(4)(A) As head of the lead agency, the Secretary, in consxiltation 
with agencies responsible for Federal authorizations and, as appro- 
priate, with Indian tribes, multistate entities, and State agencies 
that are willing to coordinate their own separate permitting and 
environmental reviews with the Federal authorization and environ- 
mental reviews, shall establish prompt and binding intermediate 
milestones and ultimate deadlines for the review of, and Federal 
authorization decisions relating to, the proposed facility. 

"(B) The Secretary shall ensure that, once an application has Deadline, 
been submitted with such data as the Secretary considers necesseuy, 
all permit decisions and related environmental reviews under all 
applicable Federal laws shall be completed — 
"(i) within 1 year; or 
"(ii) if a requirement of another provision of Federal law 

does not permit compliance with clause (i), as soon thereafter 

as is practicable. 

"(C) The Secretary shall provide an expeditious pre-application Deadline, 
mechanism for prospective applicants to confer with the agencies 
involved to have each such agency determine and communicate 
to the prospective apphcant not later than 60 days after the prospec- 
tive apphcant submits a request for such information concerning — 
"(i) the likelihood of approval for a potential facility; and 
"(ii) key issues of concern to the agencies and public. 

"(5)(A) As lead agency head, the Secretary, in consultation 
with the affected agencies, shall prepare a single environmental 
review document, which shall be used as the basis for all decisions 
on the proposed project vmder Federal law. 

"(B) The Secretary and the heads of other agencies shall stream- 
line the review and permitting of transmission within corridors 
designated under section 503 of the Federal Land Policy and 
Management Act (43 U.S.C. 1763) by fiilly taking into account 
prior analyses and decisions relating to the corridors. 

"(C) The document shall include consideration by the relevant 
agencies of any appUcable criteria or other matters as required 
under applicable law. 

"(6)(A) If any agency has denied a Federal authorization 
required for a transmission fadlity, or has failed to act by the 
deadline established by the Secretary pursuant to this section for 
deciding whether to issue the authorization, the applicant or any 
State in which the facility would be located may file an appeal 
with the President, who shall, in consultation with the affected 
agency, review the denial or failure to take action on the pending 
application. 

"(B) Based on the overall record and in consultation with the 
affected agency, the President may — 



147 



119 STAT. 950 



PUBLIC LAW 109-58— AUG. 8, 2005 



"(i) issue the necessary authorization with any appropriate 
conditions; or 

"(ii) deny the appUcation. 
PreBident. "(C) The President shall issue a decision not later than 90 

Deadline. days after the date of the filing of the appeal. 

President. "(D) In making a decision under this paragraph, the President 

shall comply with applicable requirements of Federal law, including 
any requirements of— 

"(i) the National Forest Management Act of 1976 (16 U.S.C. 
472a et seq.); 

"(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.); 

"(iii) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.); 

"(iv) the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); and 

"(v) the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.). 
Deadline. "(7)(A) Not later than 18 months after the date of enactment 

R^ations. of this section, the Secretary shall issue any regulations necessary 

to implement this subsection. 
Deadline. "(B)(i) Not later than 1 year after the date of enactment of 

Memorandum. this section, the Secretary and the heads of all Federal agencies 
with authority to issue Federal authorizations shall enter into a 
memorandum of understanding to ensure the timely and coordi- 
nated review and permitting of electricity transmission facilities, 
"(ii) Interested Indian tribes, multistate entities, and State 
agencies may enter the memorandum of understanding. 

"(C) The head of each Federal agency with authority to issue 
a Federal authorization shall designate a senior official responsible 
for, and dedicate sufficient other staff" and resources to ensure, 
full implementation of the regulations and memorandum required 
under this paragraph. 

"(8)(A) Each Federal land use authorization for an electricity 
transmission facility shall be issued — 

"(i) for a duration, as determined by the Secretary, commen- 
surate with the anticipated use of the facility; and 

"(ii) with appropriate authority to manage the right-of- 
way for reliability and environmental protection. 
"(B) On the expiration of the authorization (including an 
authorization issued before the date of enactment of this section), 
the authorization shall be reviewed for renewal taking ftdly into 
account reliance on such electricity infrastructure, recognizing the 
importance of the authorization for public health, safety, and eco- 
nomic welfare and as a legitimate use of Federal land. 

"(9) In exercising the responsibilities imder this section, the 
Secretary shall consult regularly with — 

"(A) the Federal Energy Reg^atory Commission; 
"(B) electric reliability organizations (including related 
regional entities) approved by the Commission; and 

"(C) Transmission Organizations approved by the Commis- 
sion. 

"(i) Interstate Compacts. — (1) The consent of Congress is 
given for three or more contiguous States to enter into an interstate 
compact, subject to approval by Congress, establishing regional 
transmission siting agencies to — 



148 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 951 

"(A) facilitate siting of future electric energy transmission 

facilities within those States; and 

"(B) carry out the electric energy transmission siting 

responsibilities of those States. 

"(2) The Secretary may provide technical assistance to regional 
transmission siting agencies established under this subsection. 

"(3) The regional transmission siting agencies shall have the 
authority to review, certify, and permit siting of transmission facili- 
ties, including facilities in national interest electric transmission 
corridors (other than facilities on property owned by the United 
States). 

"(4) The Commission shall have no authority to issue a permit 
for the construction or modification of an electric transmission 
facility within a State that is a pguty to a compact, unless the 
members of the compact are in disagreement and the Secretary 
makes, after notice and an opportimity for a hearing, the finding 
described in subsection (b)(1)(C). 

"(j) RELATiONSfflP TO OTHER LAWS. — (1) Except as specifically 
provided, nothing in this section affects any requirement of an 
environmental law of the United States, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

"(2) Subsection (h)(6) shall not apply to any unit of the National 
Park System, the National Wildlife Refuge System, the National 
Wild and Scenic Rivers System, the National Trails System, the 
National Wilderness Preservation System, or a National Monument. 

"(k) ERCOT. — This section shall not apply within the area 
referred to in section 212(kX2)(A).". 

(b) Reports to Congress on Corridors and Rights-of-Way 
ON Federal Lands. — Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Interior, the Secretary, 
the Secretary of Agriculture, and the Chairman of the Council 
on Enviroimiental Quality shall submit to Congress a joint report 
identifying — 

(IKA) aU existing designated tremsmission and distribution 

corridors on Federal land and the status of work related to 

proposed transmission and distribution corridor designations 

under title V of the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1761 et seq.); 

(B) the schedule for completing the work; 

(C) any impediments to completing the work; and 

(D) steps that Congress could take to expedite the process; 
(2)(A) the number of pending applications to locate trems- 

mission facilities on Federal land; 

(B) key information relating to each such facility; 

(C) how long each apphcation has been pending; 

(D) the schedule for issuing a timely decision as to each 
facility; and 

(E) progress in incorporating existing and new such rights- 
of-way into relevant land use and resource management plans 
or the equivalent of those plams; and 

(3)(A) the number of existing transmission and distribution 
rights-of-way on Federal land that will come up for renewal 
within the following 5-, 10-, and 15-year periods; and 

(B) a description of how the Secretaries plan to manage 
the renewals. 



149 



119 STAT. 1122 PUBLIC LAW 109-58— AUG. 8, 2005 

(4) Liquefaction project. — ^Notwithstanding any other 
provision of law, funds awarded under the clean coal power 
initiative under subtitle A of title IV for coal-to-oil liquefaction 
projects may be used to finance the cost of loan guarantees 
for projects awarded such funds. 

(d) Emission Levels. — In addition to any other applicable Fed- 
eral or State emission limitation requirements, a project shaU attain 
at least — 

(1) total sulfur dioxide emissions in flue gas from the 
project that do not exceed 0.05 Ib/MMBtu; 

(2) a 90-percent removal rate (including any fuel 
pretreatment) of mercury from the coal-derived gas, and any 
other fuel, combusted by the project; 

(3) total nitrogen oxide emissions in the flue gas from 
the project that do not exceed 0.08 Ib/MMBtu; and 

(4) total peirticulate emissions in the flue gas from the 
project that do not exceed 0.01 Ib/MMBtu. 

(e) Qualification of Facilities Receiving Tax Credits.— 
A project that receives tax credits for clean coal technology shall 
not be disqualified from receiving a guarantee under this title. 

42 use 16514. SEC. 1704. AUTHORIZATION OF APPROPRIATIONS. 

(a) In General. — ^There are authorized to be appropriated such 
sums as are necessary to provide the cost of guarantees under 
this title. 

(b) Use of Other Appropriated Funds. — The Department 
may use amounts awarded under the clean coal power initiative 
under subtitle A of title IV to carry out the project described 
in section 1703(c)(1)(C), on the request of the recipient of such 
award, for a loan guarantee, to the extent that the amounts have 
not yet been disbursed to, or have been repaid by, the recipient. 

TITLE XVm— STUDIES 

SEC. 1801. STUDY ON INVENTORY OF PETROLEUM AND NATURAL GAS 
STORAGE. 

(a) Definition. — For purposes of this section "petroleum" 
means crude oil, motor gasoline, jet fuel, distillates, and propane. 

(b) Study. — ^The Secretary shall conduct a study on petroleum 
and natural gas storage capacity and operational inventory levels, 
nationwide and by niajor geographical regions. 

(c) Contents.— The study shall address — 

(1) historical normal ranges for petroleum and natural 
gas inventory levels; 

(2) historical and projected storage capacity trends; 

(3) estimated operation inventory levels below which out- 
ages, delivery slowdown, rationing, interruptions in service, 
or other indicators of shortage begin to appear; 

(4) explanations for inventory levels dropping below normal 
ranges; and 

(5) the ability of industry to meet United States demand 
for petroleum and natural gas without shortages or price spikes, 
when inventory levels are below normal ranges. 

(d) Report to Congress. — ^Not later than 1 year after the 
date of enactment of this Act, the Secretary shall submit a report 



150 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 1139 

energy at the lowest cost to reliably serve consumers, recognizing 
any operational limits of generation and transmission facilities, 
(c) Report to Congress and the States.— Not later than 
90 days after the date of enactment of this Act, and on a yearly 
basis following, the Secretary shall submit a report to Congress 
and the States on the results of the study conducted under sub- 
section (a), including recommendations to Congress and the States 
for any suggested legislative or regulatory changes. 

SEC. 1833. RENEWABLE ENERGY ON FEDERAL LAND. 

(a) National Academy of Sciences Study.— Not later than Contracts. 
90 days after the date of enactment of this Act, the Secretary Deadline, 
of the Interior shall enter into a contract with the National Academy 

of Sciences under which the National Academy of Sciences shall — 

(1) study the potential of developing wind, solar, and ocean 
energy resources (including tidal, wave, and thermal energy) 
on Federal land available for those uses under ciurent law 
and the outer Continental Shelf; 

(2) assess any Federal law (including regulations) relating 
to the development of those resoxirces that is in existence on 
the date of enactment of this Act; and 

(3) recommend statutory and regulatory mechEinisms for 
developing those resources. 

(b) Submission to Congress.— Not later than 2 years after 
the date of enactment of this Act, the Secretary of liie Interior 
shall submit to Congress the results of the study under subsection 
(a). 

SEC. 1834. INCREASED HYDROELECTRIC GENERATION AT EXISTING 
FEDERAL FAdLITIES. 

(a) In General, — The Secretary of the Interior, the Secretary, 
and the Secretary of the Army shall jointly conduct a study of 
the jrotentiid for increasing electric power production capability 
at federally owned or operated water regulation, storage, and 
conveyance facilities. 

(b) Content. — ^The study under this section shall include identi- 
fication and description in detail of each faciUty that is capable, 
with or without modification, of producing additional hydroelectric 
power, including estimation of the existing potential for the facihty 
to generate hydroelectric power. 

(c) Report. — ^The Secretaries shall submit to the Committees 
on Energy and Commerce, Resoiu"ces, and Transportation and Infra- 
structure of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report on the 
findings, conclusions, and recommendations of the study under this 
section by not later than 18 months after the date of the enactment 
of this Act. The report shall include each of the following: 

(1) The identifications, descriptions, and estimations 
referred to in subsection (b). 

(2) A description of activities currently conducted or consid- 
ered, or that could be considered, to produce additional hydro- 
electric power from each identified faciUty. 

(3) A summary of prior actions taken by the Secretaries 
to produce additional hydroelectric power from each identified 
facility, 

(4) The costs to install, upgrade, or modify equipment or 
take other actions to produce additional hydroelectric power 



151 



119 STAT. 1140 PUBLIC LAW 109-58— AUG. 8, 2005 

from each identified facility and the level of Federal power 
customer involvement in the determination of such costs. 

(5) The benefits that would be achieved by such installation, 
upgprade, modification, or other action, including quantified esti- 
mates of any additional energy or capacity firom each facility 
identified under subsection (b). 

(6) A description of actions that are planned, imderway, 
or might reasonably be considered to increase hydroelectric 
power production by replacing turbine runners, by performing 
generator upgrades or rewinds, or construction of pumped stor- 
age facilities. 

(7) The impact of increased hydroelectric power production 
on irrigation, water supply, fish, wildlife, Indian tribes, river 
health, water quality, navigation, recreation, fishing, and flood 
control. 

(8) Any additional recommendations to increase hydro- 
electric power production from, and reduce costs and improve 
efficiency at, federally owned or operated water regulation, 
storage, and conveyance facilities. 

SEC. 1835. SPLIT-ESTATE FEDERAL OIL AND GAS LEASING AND 
DEVELOPMENT PRACTICES. 

(a) Review. — In consultation with affected private surface 
owners, oil and gas industry, and other interested parties, the 
Secretary of the Interior shall undertake a review of the current 
pohcies and practices with respect to management of Federed sub- 
surface oil and gas development activities and their effects on 
the privately owned surface. This review shall include — 

(1) a comparison of the rights and responsibilities under 
existing mineral and land law for the owner of a Federal 
mineral lease, the private surface owners and the Department; 

(2) a comparison of the surface owner consent provisions 
in section 714 of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1304) concerning surface mining of 
Federal coal deposits and the surface owner consent provisions 
for oil and gas development, including coalbed methane produc- 
tion; and 

(3) recommendations for administrative or legislative action 
necessary to faciUtate reasonable access for Federal oil and 
gas activities while addressing surface owner concerns and 
minimizing impacts to private surface. 

(b) Report. — The Secretary of the Interior shall report the 
results of such review to Congress not later than 180 days after 
the date of enactment of this Act. 

SEC. 1836. RESOLUTION OF FEDERAL RESOURCE DEVELOPMENT CON- 
FLICTS IN THE POWDER RIVER BASIN. 

Wyoming. (a) REVIEW. — ^The Secretary of the Interior shall review Federal 

Montana. and State laws in existence on the date of enactment of this Act 

in order to resolve any conflict relating to the Powder River Basin 

in Wyoming and Montana between — 

(1) the development of Federal coal; and 

(2) the development of Federal and non-Federal coalbed 
methane. 

(b) Report. — Not later than 180 days after the date of enact- 
ment of this Act, the Secretary of the Interior shall submit to 
Congress a report that — 



152 



PUBLIC LAW 109-58— AUG. 8, 2005 119 STAT. 1143 

(C) identifiable environmentEil impacts of each project 
included in the study, including to fish and wildlife, water 
quality, and recreation; 

(D) projected water yield fi"om each such project; 

(E) beneficiaries of each such project; 

(F) the amount authorized euid expended; 

(G) projected funding needs and timeUnes for com- 
pleting the study (if applicable); 

(H) anticipated costs of each such project; and 
(I) other factors that might interfere with construction 
of any such project. 

(4) An identification of potential hydroelectric facilities that 
might be developed pursuant to each study identified xmder 
paragraph (1). 

(5) Applicable costs and benefits associated with potential 
hydroelectric production pursuant to each study. 

Approved August 8, 2005. 



LEGISLATIVE mSTORY— H.R. 6: 

HOUSE REPORTS: No. 109-190 (Comm, of Conference). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

Apr. 20, 21, considered and passed House. 

June 14-16, 20-23, 28, considered and passed Senate, amended. 

July 28, House agreed to conference report. 

July 29, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005): 

Aug. 8, Presidential remarks and statement. 



o 



153 



119 STAT. 1144 



PUBLIC LAW 109-59— AUG. 10, 2005 



Public Law 109- 
109th Congress 



59 



Aug. 10, 2005 
[H.R.3] 



Safe, 

Accountable, 
Flexible, EflRcient 
Transportation 
Equity Act: A 
Legacy for Users. 
Inter- 
governmental 
relations. 
23 use 101 note. 



An Act 



To authorize fiinds for Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) Short Title. — ^This Act may be cited as the "Safe, Account- 
able, Flexible, Efficient Transportation Equity Act: A Legacy for 
Users" or "SAFETEA-LU". 

(b) Table of Contents.— The table of contents for this Act 
is as follows: 

Sec. 1. Short title; table of contents. 
Sec. 2. General definitions. 

TITLE I— FEDERAL-AID fflGHWAYS 

Subtitle A — ^Authorization of Programs 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Apportionments. 

Sec. 1104. Equity bonus program. 

Sec. 1105. Revenue aligned budget authority. 

Sec. 1106. Future Interstate System routes. 

Sec. 1107. Metropolitan planning. 

Sec. 1108. Transfer of highway and transit funds. 

Sec. 1109. Recreational trails. 

Sec. 1110. Temporary traffic control devices. 

Sec. 1111. Set-asides for Interstate discretionary projects. 

Sec. 1112. Emergency relief. 

Sec. 1113. Surface transportation program. 

Sec. 1114. Highway bridge program. 

Sec. 1115. Highway use tax evasion projects. 

Sec. 1116. Appalachian development highway system. 

Sec. 1117. Transportation, community, and system preservation program. 

Sec. 1118. Territorial highway program. 

Sec. 1119. Federal lands highways. 

Sec. 1120. Puerto Rico highway program. 

Sec. 1121. HOV facilities. 

Sec. 1122. Definitions. 

Subtitle B — Congestion Relief 

Sec. 1201. Real-time system management information program. 

Subtitle C — ^Mobility and Efficiency 

Sec. 1301. Projects of national and regional significance. 

Sec. 1302. National corridor infrastructure improvement program. 

Sec. 1303. Coordinated border infrastructure program. 

Sec. 1304. High priority corridors on the NationjU Hig^hway System. 

Sec. 1305. Truck parking facilities. 

Sec. 1306. Freight intermodal distribution pilot grant program. 

Sec. 1307. Deployment of magnetic levitation transportation projects. 



154 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1145 

Sec. 1308. Delta region transportation development program. 

Sec. 1309. Extension of public transit vehicle exemption from axle weight restric- 
tions. 
Sec. 1310. Interstate oasis program. 

Subtitle D— Highway Safety 

Sec. 1401. Highway safety improvement program. 

Sec. 1402. Worker injury prevention and free flow of vehicular traffic. 

Sec. 1403. Toll facilities workplace safety study. 

Sec. 1404. Safe routes to school program. 

Sec. 1405. Roadway safety improvements for older drivers and pedestrians. 

Sec. 1406. Safety incentive grants for use of seat belts. 

Sec. 1407. Safely incentives to prevent operation of motor vehicles by intoxicated 

persons. 
Sec. 1408. Improvement or replacement of highway features on National Highway 

System. 
Sec. 1409. Work zone safe^ grants. 

Sec. 1410. National Work Zone Safety Information Clearinghouse. 
Sec. 1411. Roadway safety. 
Sec. 1412. Idling reduction facilities in Interstate rights-of-way. 

Subtitle E — Construction and Contract Efficiency 

Sec. 1501. Program efficiencies. 

Sec. 1502. Hi^ways for LIFE pilot program. 

Sec. 1503. Design build. 

Subtitle F — Finance 

Sec. 1601. Transportation Infrastructure Finance and Innovation Act amendments. 

Sec. 1602. State infrastructure banks. 

Sec. 1603. Use of excess funds and funds for inactive projects. 

Sec. 1604. Tolling. 

Subtitle G — ^High Priority Projects 

Sec. 1701. High Priority Projects program. 

Sec. 1702. Project authorizations. 

Sec. 1703. Technical amendments to transportation projects. 

Subtitle H — Environment 

Sec. 1801. Construction of ferry boats and ferry terminal facilities. 

Sec. 1802. National Scenic Bjrways Progi'am. 

Sec. 1803. America's Byways Resource Center. 

Sec. 1804. National historic covered bridge preservation. 

Sec. 1805. Use of debris from demolished bridges and overpasses. 

Sec. 1806. Additional authorization of contract authority for States with Indian res- 
ervations. 

Sec. 1807. Nonmotorized transportation pilot program. 

Sec. 1808. Addition to CMAQ-eligible projects. 

Subtitle I — Miscellaneous 

Sec. 1901. Inclusion of requirements for signs identifying funding sources in title 

23. 

Sec. 1902. Donations and credits. 

Sec. 1903. Inclusion of Buy America requirements in title 23. 

Sec. 1904. Stewardship and oversight. 

Sec. 1905. Transportation development credits. 

Sec. 1906. Grant program to prohibit racial profiling. 

Sec. 1907. Pavement marking systems demonstration projects. 

Sec. 1908. Inclusion of certain route segments on Interstate System and NHS. 

Sec. 1909. Future of surface transportation system. 

Sec. 1910. Motorist information concerning full service restaurants. 

Sec. 1911. Approval and funding for certain construction projects. 

Sec. 1912. Lead agency designation. 

Sec. 1913. Bridge construction, North Dakota. 

Sec. 1914. Motorcyclist Advisory Council. 

Sec. 1915. Loan forgiveness. 

Sec. 1916. Treatment of off-ramp. 

Sec. 1917. Opening of Interstate ramps. 

Sec. 1918. Credit to State of Louisiana for State matching funds. 

Sec. 1919. Road user fees. 

Sec. 1920. Transportation and local workforce investment. 



155 



119 STAT. 1146 PUBLIC LAW 109-59— AUG. 10, 2005 

Sec. 1921. Update of obsolete text. 

Sec. 1922. Technical amendments to nondiscrimination section. 
Sec. 1923. Transportation assets and needs of Delta region. 
Sec. 1924. Alaska Way Viaduct study. 
Sec. 1925. Community enhancement study. 
Sec. 1926. Budget justification. 

Sec. 1927. 14th Amendment Highway and 3rd Infantry Division Highway. 
Sec. 1928. Sense of Congress regarding Buy America. 
Sec. 1929. Designation of Daniel Patrick Moynihan Interstate Highway. 
Sec. 1930. DesignationofThomasP. "Tip" O'Neill, Jr. Tunnel. 
Sec. 1931. lUchard Nixon Parkway, California. 
Sec. 1932. Amo Houghton Bypass. 
Sec. 1933. Billy Tauzin Energy Corridor. 
Sec. 1934. Transportation improvements. 
Sec. 1935. Project flexibility. 
Sec. 1936. Advances. 
Sec. 1937. Roads in closed basins. 
Sec. 1938. Technology. 
Sec. 1939. BIA Indian Road Program. 

Sec. 1940. Going-to-the-Sun Road, Glacier National Park, Montana. 
Sec. 1941. Beartooth Highway, Montana. 
Sec. 1943. Great Lakes FTS implementation. 

Sec. 1944. Transportation construction and remediation, Ottawa County, Okla- 
homa. 
Sec. 1945. Infrastructure awareness program. 
Sec. 1946. Gateway rural improvement pilot program. 
Sec. 1947. Eligible safety improvements. 
Sec. 1948. Emergency service route. 
Sec. 1949. Knik Arm Bridge funding clarification. 
Sec. 1950. Lincoln Parish, LA/I-20 Transportation Corridor Program. 
Sec. 1951. Bonding assistance program. 
Sec. 1952. Congestion relief 
Sec. 1953. Authorization of appropriations. 
Sec. 1954. Bicycle transportation and pedestrian walkways. 
Sec. 1955. Conveyance to the City of Ely, Nevada. 
Sec. 1956. Brownfields grants. 

Sec. 1957. Traffic circle construction. Clarendon, Vermont. 
Sec. 1958. Limitation on project approval. 
Sec. 1959. Cross harbor freight movement project. 
Sec. 1960. Denali access system program. 
Sec. 1961. I-95/Contee Road interchange study. 
Sec. 1962. Multimodal facility improvements. 
Sec. 1963. Apollo Theater leases. 
Sec. 1964. Project Federal share. 

TITLE n— HIGHWAY SAFETY 

Sec. 2001. Authorization of appropriations. 

Sec. 2002. Highway safety programs. 

Sec. 2003. Highway safety research and outreach progrsmis. 

Sec. 2004. Occupant protection incentive grants. 

Sec. 2005. Grants for primary safety belt use laws. 

Sec. 2006. State traffic safety information system improvements. 

Sec. 2007. Alcohol-impaired driving countermeasures. 

Sec. 2008. NHTSA accountability. 

Sec. 2009. High visibility enforcement program. 

Sec. 2010. MotorcycHst safety. 

Sec. 2011. Child safety and child booster seat incentive grants. 

Sec. 2012. Safety data. 

Sec. 2013. Drug-impaired driving enforcement. 

Sec. 2014. First responder vehicle safety program. 

Sec. 2015. Driver performance study. 

Sec. 2016. Rural State emergency medical services optimization pilot program. 

Sec. 2017. Older driver safety; law enforcement training. 

Sec. 2018. Safe intersections. 

Sec. 2019. National Highway Safety Advisory Committee technical correction. 

Sec. 2020. Presidential Commission on Alcohol-Impaired Driving. 

Sec. 2021. Sense of the Congress in support of increased public awareness of blood 

alcohol concentration levels and dangers of alcohol-impaired driving. 
Sec. 2022. Effective date. 

TITLE m— PUBLIC TRANSPORTATION 
Sec. 3001. Short title. 



156 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1147 

Sec. 3002. Amendments to title 49, United States Code; updated terminology. 

Sec. 3003. Policies, findings, and purposes. 

Sec. 3004. Definitions. 

Sec. 3005. Metropolitan transportation planning. 

Sec. 3006. Statewide transportation planning. 

Sec. 3007. Plsmning programs. 

Sec. 3008. Private enterprise participation. 

Sec. 3009. Urbanized area formula grants. 

Sec. 3010. Clean fuels grant program. 

Sec. 3011. Capital investment grants. 

Sec. 3012. Formula grants for special needs of elderly individuals and individuals 

with disabilities. 
Sec. 3013. Formula grtmts for other than urbanized areas. 
Sec. 3014. Research, development, demonstration, and deployment projects. 
Sec. 3015. Transit cooperative research program. 
Sec. 3016. National research and technology programs. 
Sec. 3017. National Transit Institute. 
Sec. 3018. Job access and reverse commute formula grants. 
Sec. 3019. New Freedom Program. 
Sec. 3020. Bus testing facility. 

Sec. 3021. Alternative transportation in parks and public lands. 
Sec. 3022. Htiman resources programs. 
Sec. 3023. General provisions on assistance. 
Sec. 3024. Special provisions for capital projects. 
Sec. 3025. Contract requirements. 
Sec. 3026. Project management oversight and review. 
Sec. 3027. Project review. 

Sec. 3028. Investigations of safety hazards and security risks. 
Sec. 3029. State safety oversight. 

Sec. 3030. Controlled substances and alcohol misuse testing. 
Sec. 3031. Employee protective arrangements. 
Sec. 3032. Administrative procedures. 
Sec. 3033. National transit database. 
Sec. 3034. Apportionments of formula grants. 
Sec. 3035. Apportionments based on fixed guideway factors. 
Sec. 3036. Authorizations. 
Sec. 3037. Alternatives analysis program. 

Sec. 3038. Apportionments based on growing States formula factors. 
Sec. 3039. Over-tJie-road bus accessibility program. 
Sec. 3040. Obligation ceiling. 
Sec. 3041. Adjustments for fiscal year 2005. 
Sec. 3042. Terrorist attacks and other acts of violence against public transportation 

systems. 
Sec. 3043. Project authorizations for new fixed guideway capital projects. 
Sec. 3044. Projects for bus and bus-related facilities and clean fiiels grant program. 
Sec. 3045. National fuel cell bus technology development program. 
Sec. 3046. Allocations for national research Eind technology programs. 
Sec. 3047. Forgiveness of grant agreement. 
Sec. 3048. Cooperative procurement. 
Sec. 3049. Transportation fringe benefits. 
Sec. 3050. Commuter rail. 
Sec. 3051. Paratransit service in IHinois. 

TITLE IV— MOTOR CARRIER SAFETY 

Sec. 4001. Short title. 

Subtitle A — Commercial Motor Vehicle Safety 

Sec. 4101. Authorization of appropriations. 

Sec. 4102. Increased penalties for out-of-service violations and false records. 

Sec. 4103. Penalty for denial of access to records. 

Sec. 4104. Revocation of operating authority. 

Sec. 4105. State laws relating to vehicle towing. 

Sec. 4106. Motor carrier safety grants. 

Sec. 4107. High priority activities and new entrants audits. 

Sec. 4108. Data quality improvement. 

Sec. 4109. Performance and registration information system management. 

Sec. 4110. Border enforcement grants. 

Sec. 4111. Motor carrier research and technology program. 

Sec. 4112. Nebraska custom harvesters length exemption. 

Sec. 4113. Pattern of safety violations by motor carrier management. 

Sec. 4114. Intrastate operations of interstate motor carriers. 



157 



119 STAT. 1150 PUBLIC LAW 109-59— AUG. 10, 2005 

Subtitle F — Bureau of Transportation Statistics 
Sec. 5601. Bureau of Transportation Statistics. 

TITLE VI— TRANSPORTATION PLANNING AND PROJECT DELIVERY 

Sec. 6001. Transportation planning. 

Sec. 6002. Efficient environmental reviews for project decisionmaking. 

Sec. 6003. State assumption of responsibilities for certain programs and projects. 

Sec. 6004. State cmsumption of responsibility for categorical exclusions. 

Sec. 6005. Surface transportation project delivery pilot program. 

Sec. 6006. Environmental restoration and pollution abatement; control of noxiotis 
weeds and aquatic noxious weeds and establishment of native species. 

Sec. 6007. Exemption of Interstate System. 

Sec. 6008. Integration of natural resource concerns into transportation project plan- 
ning. 

Sec. 6009. Parks, recreation areas, wildlife and waterfowl refuges, and historic 
sites. 

Sec. 6010. Environmental review of activities that support deplojTnent of intelligent 
transportation systems. 

Sec. 6011. Transportation conformity. 

Sec. 6012. Federal Reference Method. 

Sec. 6013. Air quality monitoring data influenced by exceptional events. 

Sec. 6014. Federal procurement of recycled coolant. 

Sec. 6015. Clean scnool bus program. 

Sec. 6016. Special designation. 

Sec. 6017. Increased use of recovered mineral component in federally funded 
projects involving procurement of cement or concrete. 

Sec. 6018. tlse of granular mine tailings. 

TITLE VII— HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 7001. Short title. 

Sec. 7002. Amendment of title 49, United States Code. 

Subtitle A — General Authorities on Transportation of Hazardous Materials 

Sec. 7101. Findings and purpose. 

Sec. 7102. Definitions. 

Sec. 7103. General regulatory authority. 

Sec. 7104. Limitation on issuance of hazmat licenses. 

Sec. 7105. Backgroimd checks for drivers hauling hazardous materials. 

Sec. 7106. Representation and tampering. 

Sec. 7107. Technical amendments. 

Sec. 7108. Training of certain employees. 

Sec. 7109. Registration. 

Sec. 7110. Shipping papers and disclosure. 

Sec. 7111. Rail tank cars. 

Sec. 7112. Unsatisfactory safety ratings. 

Sec. 7113. Training curriculum for the public sector. 

Sec. 7114. Planning and training grants; Hazardous Materials Emergency Pre- 
paredness Fund. 

Sec. 7115. Special permits and exclusions. 

Sec. 7116. Uniform forms and procedures. 

Sec. 7117. International uniformity of standards and requirements. 

Sec. 7118. Administrative authority. 

Sec. 7119. Enforcement. 

Sec. 7120. Civil penalty. 

Sec. 7121. Criminal penalty. 

Sec. 7122. Preemption. 

Sec. 7123. Judicial review. 

Sec. 7124. Relationship to other laws. 

Sec. 7125. Authorization of appropriations. 

Sec. 7126. References to the Secretary of Transportation. 

Sec. 7127. Criminal matters. 

Sec. 7128. Additional civil and criminal penalties. 

Sec. 7129. Hazardous material transportation plan requirement. 

Sec. 7130. Determining amount of undeclared shipments of hazardous materials 
entering the United States. 

Sec. 7131. Hazardous materials research projects. 

Sec. 7132. National first responder transportation incident response system. 

Sec. 7133. Common carrier pipeline system. 

Subtitle B — Sanitary Food Transportation 
Sec. 7201. Short title. 



158 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1153 



Sec. 11163. Refunds of excise taxes on exempt sales of fuel by credit card. 

Sec. 11164. Reregistration in event of change in ownership. 

Sec. 11165. Reconciliation of on-loaded cargo to entered cargo. 

Sec. 11166. Treatment of deep-draift vessels. 

Sec. 11167. Penalty with respect to certain adulterated fuels. 

SEC. 2. GENERAL DEFINnTONS. 

In this Act, the following definitions apply: 

(1) Department. — ^The term "Department" means the 
Department of Transportation. 

(2) Secretary. — ^The term "Secretary" means the Secreteiry 
of Transportation. 

TITLE I— FEDERAL-AID HIGHWAYS 
Subtitle A — ^Authorization of Programs 



23 use 101 note. 



SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

(a) In General. — ^The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
TVansit Account): 

(1) Interstate maintenance program. — For the Inter- 
state maintenance program under section 119 of title 23, United 
States Code — 

(A) $4,883,759,623 for fiscal year 2005; 

(B) $4,960,788,917 for fiscal year 2006; 

(C) $5,039,058,556 for fiscal year 2007; 

(D) $5,118,588,513 for fiscal year 2008; and 

(E) $5,199,399,081 for fiscal year 2009. 

(2) National highway system. — For the National Highway 
System under section 103 of such title — 

(A) $5,911,200,104 for fiscal year 2005; 

(B) $6,005,256,569 for fiscal year 2006; 

(C) $6,110,827,556 for fiscal year 2007; 

(D) $6,207,937,450 for fiscal year 2008; and 

(E) $6,306,611,031 for fiscal year 2009. 

(3) Bridge program. — For the bridge program under sec- 
tion 144 of such title — 

(A) $4,187,708,821 for fiscal year 2005; 

(B) $4,253,530,131 for fiscal year 2006; 

(C) $4,320,411,313 for fiscal year 2007; 

(D) $4,388,369,431 for fiscal year 2008; and 

(E) $4,457,421,829 for fiscal year 2009. 

(4) Surface transportation program. — ^For the surface 
transportation program under section 133 of such title — 

(A) $6,860,096,662 for fiscal year 2005; 

(B) $6,269,833,394 for fiscal year 2006; 

(C) $6,370,469,775 for fiscal year 2007; 

(D) $6,472,726,628 for fiscal year 2008; and 

(E) $6,576,630,046 for fiscal year 2009. 

(5) Congestion mitigation and air quality improvement 
PROGRAM. — ^For the congestion mitigation and air quality 
improvement program under section 149 of such title — 

(A) $1,667,255,304 for fiscal year 2005; 

(B) $1,694,101,866 for fiscal year 2006; 

(C) $1,721,380,718 for fiscal year 2007; 

(D) $1,749,098,821 for fiscal year 2008; and 



159 



119 STAT. 1154 PUBLIC LAW 109-59— AUG. 10, 2005 

(E) $1,777,263,247 for fiscal year 2009. 

(6) Highway safety improvement program.— For the 
highway safety improvement program under section 148 of 
such title — 

(A) $1,235,810,000 for fiscal year 2006; 

(B) $1,255,709,322 for fiscal year 2007; 

(C) $1,275,929,067 for fiscal year 2008; and 

(D) $1,296,474,396 for fiscal year 2009. 

(7) Appalachian development highway system pro- 
gram. — ^For the Appalachian development highway system pro- 
gram xinder subtitle IV of title 40, United States Code, 
$470,000,000 for each of fiscal years 2005 through 2009. 

(8) Recreational trails program. — ^For the recreational 
trails program under section 206 of title 23, United States 
Code — 

(A) $60,000,000 for fiscal year 2005; 

(B) $70,000,000 for fiscal year 2006; 

(C) $75,000,000 for fiscal year 2007; 

(D) $80,000,000 for fiscal year 2008; and 

(E) $85,000,000 for fiscal year 2009. 

(9) Federal lands highways program. — 

(A) Indian reservation roads.— For Indian reserva- 
tion roads under section 204 of such title — 

(i) $300,000,000 for fiscal year 2005; 
(ii) $330,000,000 for fiscal year 2006; 
(iii) $370,000,000 for fiscal year 2007; 
(iv) $410,000,000 for fiscal year 2008; and 
(v) $450,000,000 for fiscal year 2009. 

(B) Park roads and parkways.— 

(i) In general. — ^For park roads and pjirkways 
under section 204 of such title — 

(I) $180,000,000 for fiscal year 2005; 

(II) $195,000,000 for fiscal year 2006; 
(HI) $210,000,000 for fiscal year 2007; 

(IV) $225,000,000 for fiscal year 2008; and 

(V) $240,000,000 for fiscal year 2009. 

(ii) Minimum allocation to certain states.— 
A State containing more than 50 percent of the total 
acreage of the National Park System shall receive not 
less ttian 3 percent of any fimds appropriated under 
this subparagraph. 

(C) Refuge roads. — ^For refuge roads under section 
204 of such title, $29,000,000 for each of fiscal years 2005 
through 2009. 

(D) Public lands highways. — ^For Federal lands high- 
ways under section 204 of such title — 

(i) $260,000,000 for fiscal year 2005; 
(ii) $280,000,000 for fiscal year 2006; 
(iii) $280,000,000 for fiscal year 2007; 
(iv) $290,000,000 for fiscal year 2008; and 
(v) $300,000,000 for fiscal year 2009. 

(10) National corridor infrastructure improvement 
program. — ^For the national corridor infrastructure improve- 
ment program under section 1302 of this Act — 

(A) $194,800,000 for fiscal year 2005; 

(B) $389,600,000 for fiscal year 2006; 

(C) $487,000,000 for fiscal year 2007; 



160 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1155 

(D) $487,000,000 for fiscal year 2008; and 

(E) $389,600,000 for fiscal year 2009. 

(11) Coordinated border infrastructure program. — 
For the coordinated border infi*astructure program under sec- 
tion 1303 of this Act— 

(A) $123,000,000 for fiscal year 2005; 

(B) $145,000,000 for fiscal year 2006; 

(C) $165,000,000 for fiscal year 2007; 

(D) $190,000,000 for fiscal year 2008; and 

(E) $210,000,000 for fiscal year 2009. 

(12) National scenic byways program.— For the national 
scenic byways program under section 162 of such title — 

(A) $26,500,000 for fiscal year 2005; 

(B) $30,000,000 for fiscal year 2006; 

(C) $35,000,000 for fiscal year 2007; 

(D) $40,000,000 for fiscal year 2008; and 

(E) $43,500,000 for fiscal year 2009. 

(13) Construction of ferry boats and ferry terminal 
FACILITIES. — For construction of ferry boats and ferry terminal 
facilities under section 147 of such title — 

(A) $38,000,000 for fiscal year 2005; 

(B) $55,000,000 for fiscal year 2006; 

(C) $60,000,000 for fiscal year 2007; 

(D) $65,000,000 for fiscal year 2008; and 

(E) $67,000,000 for fiscal year 2009. 

(14) Puerto rico highway program.— For the Puerto Rico 
highway program under section 165 of such title — 

(A) $115,000,000 for fiscal year 2005; 

(B) $120,000,000 for fiscal year 2006; 

(C) $135,000,000 for fiscal year 2007; 

(D) $145,000,000 for fiscal year 2008; and 

(E) $150,000,000 for fiscal year 2009. 

(15) Projects of national and regional significance 
program. — ^For the projects of national and regional signifi- 
cance program under section 1301 of this Act — 

(A) $177,900,000 for fiscal year 2005; 

(B) $355,800,000 for fiscal year 2006; 

(C) $444,750,000 for fiscal year 2007; 

(D) $444,750,000 for fiscal year 2008; and 

(E) $355,800,000 for fiscal year 2009. 

(16) High priority projects program.— For the high pri- 
ority projects program under section 117 of title 23, United 
States Code, $2,966,400,000 for each of fiscal years 2005 
through 2009. 

(17) Safe routes to school program. — For the safe 
routes to school program under section 1404 of this Act — 

(A) $54,000,000 for fiscal year 2005; 

(B) $100,000,000 for fiscal year 2006; 

(C) $125,000,000 for fiscal year 2007; 

(D) $150,000,000 for fiscal year 2008; and 

(E) $183,000,000 for fiscal year 2009. 

(18) Deployment of magnetic levitation transpor- 
tation projects. — For the deployment of magnetic levitation 
projects under section 1307 of this Act — 

(A) $15,000,000 for each of fiscal years 2006 and 2007; 
and 

(B) $30,000,000 for each of fiscal years 2008 and 2009. 



161 



119 STAT. 1156 



PUBLIC LAW 109-59— AUG. 10, 2005 



23 use 101 note. 



Records. 



Notification. 



Guidelines. 



(19) National corridor planning and development and 

COORDINATED BORDER INFRASTRUCTURE PROGRAMS. — ^For the 

national corridor planning and development and coordinated 
border infrastructxire programs under sections 1118 and 1119 
of the Transportation Equity Act for the 21st Century (112 
Stat. 161, 163) $140,000,000 for fiscal year 2005. 

(20) Highways for life.— For the Highways for LIFE Pro- 
gram under section 1502 of this Act — 

(A) $15,000,000 for fiscal year 2006; and 

(B) $20,000,000 for each of fiscal years 2007 through 
2009. 

(21) Highway use tax evasion projects. — For highway 
use tax evasion projects under section 1115 of this Act — 

(A) $5,000,000 for fiscal year 2005; 

(B) $44,800,000 for fiscal year 2006; 

(C) $53,300,000 for fiscal year 2007; and 

(D) $12,000,000 for each of fiscal years 2008 and 2009. 
(b) Disadvantaged Business Enterprises.— 

(1) Definitions. — In this subsection, the following defini- 
tions apply: 

(A) Small business concern.— The term "small busi- 
ness concern" has the meaning that term has under section 
3 of the Small Business Act (15 U.S.C. 632), except that 
the term shall not include any concern or group of concerns 
controlled by the same socially and economically disadvan- 
taged indiWdual or individuals which has average annual 
gross receipts over the preceding 3 fiscal years in excess 
of $19,570,000, as adjusted annually by the Secretary for 
inflation. 

(B) Socially and economically disadvantaged 
individuals. — ^The term "socially and economically dis- 
advantaged individuals" has the meaning that term has 
under section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations issued 
pursuant to that Act, except that women shall be presumed 
to be socially and economically disadvantaged individuals 
for purposes of this subsection. 

(2) General rule. — Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amovmts 
made available for any program under titles I, III, and V 
of this Act and section 403 of title 23, United States Code, 
shall be expended through small business concerns owned and 
controlled by socially and economically disadvantaged individ- 
uals. 

(3) Annual listing of disadvantaged business enter- 
prises. — ^Each State shall annually — 

(A) survey and compile a list of the small business 
concerns referred to in paragraph (1) and the location of 
the concerns in the State; and 

(B) notify the Secretary, in writing, of the percentage 
of the concerns that are controlled by women, by socially 
and economically disadvantaged individuals (other than 
women), and by individuals who are women and are other- 
wise socially and economically disadvantaged individuals. 

(4) Uniform certification.— The Secretary shall establish 
minimvmi uniform criteria for State governments to use in 



162 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1157 

certifying whether a concern qualifies for purposes of this sub- 
section. The minimum uniform criteria shall include, but not 
be limited to, on-site visits, personal interviews, licenses, anal- 
ysis of stock ownership, listing of equipment, analysis of 
bonding capacity, listing of work completed, resume of principal 
owners, financial capacity, and type of work preferred. 

(5) Compliance with court orders. — Nothing in this sub- 
section Hmits the eligibility of an entity or person to receive 
fiinds made available under titles I, III, and V of this Act 
and section 403 of title 23, United States Code, if the entity 
or person is prevented, in whole or in part, from complying 
with paragraph (1) because a Federal court issues a final order 
in which the court finds that the requirement of paragraph 
(1), or the program established under paragraph (1), is unconsti- 
tutional. 

SEC. 1 102. OBLIGATION CEILING. 23 USC 104 note. 

(a) General Limitation. — Subject to subsections (g) and (h), 
and notwithstanding any other provision of law, the obligations 
for Federal-aid highway and highway safety construction programs 
shall not exceed — 

(1) $34,422,400,000 for fiscal year 2005; 

(2) $36,032,343,903 for fiscal year 2006; 

(3) $38,244,210,516 for fiscal year 2007; 

(4) $39,585,075,404 for fiscal year 2008; and 

(5) $41,199,970,178 for fiscal year 2009. 

(b) Exceptions. — ^The limitations under subsection (a) shall 
not apply to obligations under or for — 

(1) section 125 of title 23, United States Code; 

(2) section 147 of the Surface Transportation Assistance 
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); 

(3) section 9 of the Federal-Aid Highway Act of 1981 (PubHc 
Law 97-134; 95 Stat. 1701); 

(4) subsections (b) and (j) of section 131 of the Surface 
Transportation Assistance Act of 1982 (Public Law 97—424; 
96 Stat. 2119); 

(5) subsections (b) and (c) of section 149 of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 
(PubUc Law 100-17; 101 Stat. 198); 

(6) sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (PubUc Law 102-240; 
105 Stat. 2027); 

(7) section 157 of title 23, United States Code (as in effect 
on June 8, 1998); 

(8) section 105 of title 23, United States Code (as in effect 
for fiscal years 1998 through 2004, but only in an amount 
equal to $639,000,000 for each of those fiscal years); 

(9) Federal-aid highway programs for which obligation 
authority was made available under the Transportation Equity 
Act for the 21st Century (Public Law 105-178; 112 Stat. 107) 
or subsequent public laws for multiple years or to remain 
available until used, but only to the extent that the obligation 
authority has not lapsed or been used; 

(10) section 105 of title 23, United States Code (but, for 
each of fiscal years 2005 through 2009, only in an amount 
equal to $639,000,000 per fiscal year); and 



163 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1163 

SEC. 1104. EQUITY BONUS PROGRAM. 

(a) In General. — Section 105 of title 23, United States Code, 
is amended to read as follows: 

**§ 105. Equity bonus program 

"(a) Program.— 

"(1) In general. — Subject to subsections (c) and (d), for 
each of fiscal years 2005 through 2009, the Secretary shall 
allocate among the States eunounts sufficient to ensure that 
no State receives a percentage of the total apportionments 
for the fiscal year for the programs specified in paragraph 
(2) that is less than the percentage calculated under subsection 
(b). 

"(2) Specific programs.— The programs referred to in sub- 
section (a) are — 

"(A) the Interstate maintenance program under section 
119; 

"(B) the national highway system program under sec- 
tion 103; 

"(C) the highway bridge replacement and rehabilitation 
program under section 144; 

"(D) the surface transportation program imder section 
133; 

"(E) the highway safety improvement program under 
section 148; 

"(F) the congestion mitigation and air quality improve- 
ment program under section 149; 

"(G) metropolitan planning programs under section 
104(f); 

"(H) the high priority projects program under section 
117; 

"(I) the equity bonus program vmder this section; 
"(J) the Appalachian development highway system pro- 
gram under subtitle IV of title 40; 

"(K) the recreational trails program under section 206; 
"(L) the safe routes to school program under section 
1404 of the SAFETEA-LU; 

"(M) the rail-highway grade crossing program under 
section 130; and 

"(N) the coordinated border infirastructure program 
tmder section 1303 of the SAFETEA-LU. 
"(b) State Percentage. — 

"(1) In general. — ^The percentage referred to in subsection 
(a) for each State shall be — 

"(A) for each of fiscal years 2005 and 2006, 90.5 per- 
cent, for fiscal year 2007, 91.5 percent, and for each of 
fiscal years 2008 and 2009, 92 percent, of the quotient 
obtained by dividing — 

"(i) the estimated tax pa3rments attributable to 
highway users in the State paid into the Highway 
Trust Fund (other than the Mass Transit Account) 
in the most recent fiscal year for which data are avail- 
able; by 

"(ii) the estimated tax payments attributable to 
highway users in all States paid into the Highway 
Trust Fund (other than the Mass Transit Account) 
for the fiscal year; or 



164 



119 STAT. 1164 PUBLIC LAW 109-59— AUG. 10, 2005 

"(B) for a State with a total population density of 
less than 40 persons per square mUe (as reported in the 
decennial census conducted by the Federal Government 
in 2000) and of which at least 1.25 percent of the total 
acreage is under Federal jurisdiction, based on the report 
of the Genered Services Administration entitled 'Federal 
Real Property Profile' and dated September 30, 2004, a 
State with a total population of less than 1,000,000 (as 
reported in that decennial census), a State with a median 
household income of less than $35,000 (as reported in that 
decennial census), a State with a fatality rate during 2002 
on Interstate highways that is greater than one fatality 
for each 100,000,000 vehicle miles traveled on Interstate 
highways, or a State with an indexed. State motor fuels 
excise tax rate higher than 150 percent of the Federal 
motor fuels excise tax rate as of the date of enactment 
of the SAFETEA-LU, the greater of— 

"(i) the applicable percentage under subpeu-agraph 
(A); or 

"(ii) the average percentage of the State's share 
of total apportionments for the period of fiscal years 
1998 through 2003 for the programs specified in para- 
graph (2). 
"(2) Specific programs.— The programs referred to in 
paragraph (l)(B)(ii) are (as in effect on the day before the 
date of enactment of the SAFETEA-LU)— 

"(A) the Interstate maintenance program under section 
119; 

"(B) the national highway system program under sec- 
tion 103; 

"(C) the highway bridge replacement and rehabilitation 
program under section 144; 

"(D) the surface transportation program under section 
133; 

"(E) the recreational trails program under section 206; 
"(F) the high priority projects program under section 
117; 

"(G) the minimum guarantee provided under this sec- 
tion; 

"(H) revenue aligned budget authority amovmts pro- 
vided under section 110; 

"(I) the congestion mitigation and air quality improve- 
ment program under section 149; 

"(J) the Appalachian development highway system pro- 
gram under subtitle IV of title 40; and 

"(K) metropolitan planning programs under section 
104(f). 
"(c) Special Rules. — 

"(1) Minimum combined allocation. — ^For each fiscal year, 
before making the allocations vmder subsection (a)(1), the Sec- 
retary shall allocate among the States amounts sufficient to 
ensure that no State receives a combined total of amounts 
allocated under subsection (a)(1), apportionments for the pro- 
grams specified in subsection (a)(2), and amounts allocated 
under this subsection, that is less than the following percent- 
ages of the average for fiscal years 1998 through 2003 of 



165 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1165 

the annual apportionments for the State for all programs speci- 
fied in subsection (b)(2): 

"(A) For fiscal year 2005, 117 percent. 
"(B) For fiscal year 2006, 118 percent. 
"(C) For fiscal year 2007, 119 percent. 
"(D) For fiscal year 2008, 120 percent. 
"(E) For fiscal year 2009, 121 percent. 
"(2) No NEGATIVE ADJUSTMENT. — No negative adjustment 
shall be made under subsection (a)(1) to the apportionment 
of any State. 
"(d) Treatment of Funds. — 

"(1) Programmatic distribution.— The Secretary shall 
apportion the amounts made available under this section that 
exceed $2,639,000,000 so that the amount apportioned to each 
State under this paragraph for each progreim referred to in 
subparagraphs (A) through (F) of subsection (a)(2) is equal 
to the amount determined by multiplying the amount to be 
apportioned under this paragraph by the ratio that — 

"(A) the amount of funds apportioned to each State 
for each program referred to in subparagraphs (A) through 
(F) of subsection (a)(2) for a fiscal year; bears to 

"(B) the total amount of funds apportioned to such 
State for all such programs for such fiscal year. 
"(2) Remaining distribution.— The Secretary shall admin- 
ister the remainder of funds made available under this section 
to the States in accordance with section 104(b)(3), except that 
paragraphs (1) through (3) of section 133(d) shall not apply 
to amounts administered pursuant to this paragraph. 
"(e) Metro Planning Set Aside. — Notwithstanding section 
104(f), no set aside provided for under that section shall apply 
to fiinds allocated vmder this section. 

"(f) Authorization of Appropriations. — There are authorized 
to be appropriated from the Highway Trust Fund (other than the 
Mass Transit Account) such sums as are necessary to carry out 
this section for each of fiscal years 2005 through 2009.". 

(b) Clerical Amendment.— The analysis for subchapter I of 
chapter 1 of such title is amended by striking the item relating 
to section 105 and inserting the following: 

"105. Equity bonus program.". 

SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY. 

(a) Allocation. — Section 110(a)(1) of title 23, United States 
Code, is amended — 

(1) by striking "2000" and inserting "2007"; 

(2) by inserting after "such fiscal year" the first place 
it appe£U's: "and the succeeding fiscal year". 

(b) Reduction.— Section 110(a)(2) of such title is amended— 

(1) by striking "2000" and inserting "2007"; 

(2) by striking "October 1 of the succeeding" and inserting 
"October 15 of such"; 

(3) by inserting after "Account)" the following: "for such 
fiscal year and the succeeding fiscal year"; and 

(4) by adding at the end the following: "No reduction under 
this paragraph and no reduction under section 1102(h), and 
no reduction under title VIII or any amendment made by 
title VIII, of the SAFETEA-LU shall be made for a fiscal 
year if, as of October 1 of such fiscal year the balance in 



166 



119 STAT. 1168 PUBLIC LAW 109-59— AUG. 10, 2005 

are eligible for assistance with funds so apportioned or 
allocated. 

"(B) Apportionment. — The transfer shall have no 
effect on any apportionment of funds to a State under 
this section or section 105 or 144. 

"(C) Surface transportation program. — Funds that 

are apportioned or allocated to a State under subsection 

(b)(3) and attributed to an urbanized area of a State with 

a population of over 200,000 individuals under section 

133(d)(3) may be transferred under this paragraph only 

if the metropolitan planning organization designated for 

the area concui^, in writing, with the transfer request. 

"(4) Transfer of obligation authority. — Obligation 

authority for fimds transferred under this subsection shaU be 

transferred in the same manner and amount as the funds 

for the projects that are transferred under this subsection.". 

SEC. 1109. RECREATIONAL TRAILS. 

(a) Recreational Trails Program Formula. — Section 104(h) 
of title 23, United States Code, is amended — 

(1) in paragraph (1) by striking the first sentence and 
inserting the following: "Before apportioning sums authorized 
to be appropriated to carry out the recreational trails program 
under section 206, the Secretary shall deduct for administra- 
tive, research, technical assistance, and training expenses for 
such program $840,000 for each of fiscal years 2005 through 
2009."; and 

(2) in paragraph (2) by striking "After" and all that follows 
through "remainder of the svrais" and inserting "The Secretary 
shall apportion the sums". 

(b) Permissible Uses.— Section 206(d)(2) of such title is 
amended to read as follows: 

"(2) Permissible uses. — ^Permissible uses of funds appor- 
tioned to a State for a fiscal year to carry out this section 
include — 

"(A) maintenance and restoration of existing rec- 
reational trails; 

"(B) development and rehabilitation of trailside and 
trailhead facilities and trail linkages for recreational trails; 
"(C) purchase and lease of recreational trail construc- 
tion and maintenance equipment; 

"(D) construction of new recreational trails, except that, 
in the case of new recreationeJ trails crossing Federal lands, 
construction of the trails shall be — 

"(i) permissible under other law; 
"(ii) necessary and recommended by a statewide 
comprehensive outdoor recreation plan that is required 
by the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 4601-4 et seq.) and that is in effect; 
"(iii) approved by the administering agency of the 
State designated imder subsection (c)(1); and 

"(iv) approved by each Federal agency having juris- 
diction over the affected lands under such terms and 
conditions as the head of the Federal agency deter- 
mines to be appropriate, except that the approval shall 
be contingent on compliance by the Federal agency 
with all applicable laws, including the National 



167 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1169 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1600 et seq.), and 
the Federal Land Pohcy and Management Act of 1976 
(43 U.S.C. 1701 et seq.); 

"(E) acquisition of easements and fee simple title to 
property for recreational trails or recreational trail cor- 
ridors; 

"(F) assessment of trail conditions for accessibihty and 
maintenance; 

"(G) development and dissemination of pubUcations 
and operation of educational programs to promote safety 
and environmental protection, (as those objectives relate 
to one or more of the use of recreational trails, supporting 
non-law enforcement trail safety and trail use monitoring 
patrol programs, and providing trail-related training), but 
in an amount not to exceed 5 percent of the apportionment 
made to the State for the fiscal year; and 

"(H) payment of costs to the State incurred in admin- 
istering the program, but in an amoimt not to exceed 
7 percent of the apportionment made to the State for the 
fiscal year.". 

(c) Use of Apportionments. — Section 206(d)(3) of such title 
is amended — 

(1) by striking subparagraph (C); 

(2) by redesignating subparagraph (D) as subparagraph 
(C); and 

(3) in subparagraph (C) (as so redesignated) by striking 
"(2)(F)" and mserting "(2)(H)". 

(d) Federal Share. — Section 206(f) of such title is amended — 

(1) in paragraph (1) — 

(A) by inserting "and the Federal share of the adminis- 
trative costs of a State" after "project"; and 

(B) by striking "not exceed 80 percent" and inserting 
"be determined in accordance with section 120(b)"; 

(2) in paragraph (2)(A) by striking "80 percent of and 
inserting "the amount determined in accordance with section 
120(b) for"; 

(3) in paragraph (2)(B) by inserting "sponsoring the project" 
after "Federal agency"; 

(4) by striking paragraph (5); 

(5) by redesignating paragraph (4) as paragraph (5); 

(6) in paragraph (5) (as so redesignated) by striking "80 
percent" and inserting "the Federal share as determined in 
accordance with section 120(b)"; and 

(7) by inserting after paragraph (3) the following: 

"(4) Use of recreational trails program funds to 
MATCH OTHER FEDERAL PROGRAM FUNDS.— Notwithstanding any 
other proAdsion of law, fiinds made available under this section 
may be used toward the non-Federal matching share for other 
Federal program funds that are — 

"(A) expended in accordance with the requirements 

of the Federal program relating to activities funded and 

populations served; and 

"(B) expended on a project that is eligible for assistance 

imder tJiis section.". 



168 



119 STAT. 1170 PUBLIC LAW 109-59— AUG. 10, 2005 

(e) Planning and Environmental Assessment Costs 
Incurred Prior to Project Approval. — Section 206(h)(1) of such 
title is amended by adding at the end the following: 

"(C) Planning and environmental assessment costs 
incurred prior to project approval. — The Secretciry 
may allow preapproval planning and environmental compU- 
ance costs to be credited toward the non-Federal share 
of the cost of a project described in subsection (d)(2) (other 
than subparagraph (H)) in accordance with subsection (f), 
Umited to costs incurred less than 18 months prior to 
project approval.". 

Contracts. (f) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR 

23 use 206 note. SERVICE CORPS. — ^The Secretary shall encourage the States to enter 
into contracts and cooperative agreements with qualified youth 
conservation or service corps to perform construction and mainte- 
nance of recreational trails under section 206 of title 23, United 
States Code. 

SEC. 1110. TEMPORARY TRAFFIC CONTROL DEVICES. 

(a) Standards. — Section 109(e) of title 23, United States Code, 
is amended — 

(1) by striking "(e) No funds" and inserting the following: 
"(e) Installation of Safety Devices. — 

"(1) Highway and railroad grade crossings and draw- 
bridges. — No funds"; and 

(2) by adding at the end the following: 

"(2) Temporary traffic control devices.— No funds shall 
be approved for expenditure on any Federal-aid highway, or 
highway affected vmder chapter 2, unless proper temporary 
traffic control devices to improve safety in work zones will 
be installed and maintained during construction, utility, and 
maintenance operations on that portion of the highway with 
respect to which such expenditures are to be made. Instzdlation 
and maintenance of the devices shall be in accordance with 
the Manual on Uniform Traffic Control Devices.". 

(b) Letting of Contracts. — Section 112 of such title is 
amended — 

(1) by striking subsection (f); 

(2) by redesignating subsection (g) as subsection (f); and 

(3) by adding at the end the following: 
"(g) Temporary Traffic Control Devices. — 

"(1) Issuance of regulations. — ^The Secretary, after con- 
sultation with appropriate Federal and State officials, shall 
issue regulations establishing the conditions for the appropriate 
use of, and expenditure of funds for, uniformed law enforcement 
officers, positive protective measures between workers and 
motorized traffic, and installation and maintenance of tem- 
porary traffic control devices during construction, utility, £md 
maintenemce operations. 

"(2) Effects of regulations. — Based on regulations 
issued under paragraph (1), a State shall — 

"(A) develop separate pay items for the use of uni- 
formed law enforcement officers, positive protective meas- 
ures between workers and motorized traffic, and installa- 
tion and maintenance of temporary traffic control devices 
during construction, utility, and maintenance operations; 
and 



169 



119 STAT. 1172 PUBLIC LAW 109-59— AUG. 10, 2005 

"(ii) a level of service rating that is not better 
than 'F' during peak travel hours, calculated in accord- 
ance with the Highway Capacity Manual issued by 
the Transportation Reseeirch Board; and 
"(C) are located on a Federal-aid highway.". 

(b) Repeal of Safety Programs Set-aside. — 

(1) Repeal. — Section 133(d)(1) of such title is repealed. 

(2) Technical amendments. — Section 133(d) of such title 
is amended — 

(A) in the first sentence of paragraph (3)(A) — 

(i) by striking "subparagraphs (C) and (D)" and 
inserting "subparagraph (C)"; and 

(ii) by striking "80 percent" and inserting "90 per- 
cent"; 

(B) in paragraph (3)(B) by striking "tobe" and inserting 
"to be"; and 

(C) in paragraph (3) — 

(i) by striking subparagraph (C); 
(ii) by redesignating subparagraphs (D) and (E) 
as subparagraphs (C) and (D), respectively; and 

(iii) in subparagraph (C) (as redesignated by clause 
(ii)) by adding a period at the end. 
23USCi33note. (3) EFFECTIVE DATE. — Paragraph (1) and paragraph 

(2)(A)(ii) of this subsection shall take effect October 1, 2005. 

(c) Transportation Enhancement AcTivrnES.— Effective 
October 1, 2005, section 133(d)(2) of such title is amended by 
striking "10 percent" and all that follows through "section 104(bK3) 
for a fiscal year" and inserting the following: "In a fiscal year, 
the greater of 10 percent of the funds apportioned to a State 
under section 104(b)(3) for such fiscal year, or the amount set 
aside under this paragraph with respect to the State for fiscal 
year 2005,". 

(d) Obligation Authority. — Section 133(0(1) of such title is 
amended — 

(1) by striking "1998 through 2000" and inserting "2004 
through 2006"; and 

(2) by striking "2001 through 2003" and inserting "2007 
through 2009". 

Effective date. (e) TECHNICAL CORRECTION. — Effective June 9, 1998, section 

1108(e) of the Transportation Equity Act for the 21st Century 

23 use 133. (112 Stat. 140) is amended by striking "Section 133" and inserting 

"Section 133(0". 

SEC. 1114. fflGHWAY BRIDGE PROGRAIVL 

(a) Finding and Declaration.— Section 144(a) of title 23, 
United States Code, is amended to read as follows: 

"(a) Finding and Declaration. — Congress finds and declares 
that it is in the vital interest of the United States that a highway 
bridge program be carried out to enable States to improve the 
condition of their highway bridges over waterways, other topo- 
graphical barriers, other highways, and railroads through replace- 
ment and rehabilitation of bridges that the States and the Secretary 
determine are structurally deficient or functionally obsolete and 
through systematic preventive maintenance of bridges.". 

(b) Participation.— Section 144(d) of such title is amended 
to read as follows: 

"(d) Participation. — 



170 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1173 

"(1) Bridge replacement and rehabilitation. — On 
application by a State or States to the Secretary for assistance 
for a highway bridge that has been determined to be eligible 
for replacement or rehabilitation under subsection (b) or (c), 
the Secretary may approve Federal participation in — 

"(A) replacing the bridge with a comparable facility; 
or 

"(B) rehabiUtating the bridge. 
"(2) Types of assistance.— On application by a State or 
States to the Secretary, the Secretary may approve Federal 
assistance for any of the following activities for a highway 
bridge that has been determined to be eligible for replacement 
or rehabilitation under subsection (b) or (c): 
"(A) Painting. 
"(B) Seismic retrofit. 
"(C) Systematic preventive maintengmce. 
"(D) Installation of scour countermeasures. 
"(E) Application of calcium magnesium acetate, sodium 
acetate/formate, or other environmentally acceptable, mini- 
mally corrosive anti-icing and de-icing compositions. 
"(3) Basis for determination. — The Secretary shall deter- 
mine the eligibility of highway bridges for replacement or 
rehabilitation for each State based on structurally deficient 
and fiinctionally obsolete highway bridges in the State. 

"(4) Special rule for preventive maintenance. — Not- 
withstanding any other provision of this subsection, a State 
may carry out a project under paragraph (2)(B), (2)(C), or 
(2)(D) for a highway bridge without regard to whether the 
bridge is eligible for replacement or rehabihtation under this 
section.". 

(c) Apportionment of Funds. — Section 144(e) of such title 
is amended — 

(1) in the third sentence by striking "square footage" and 
inserting "deck area"; 

(2) in the fourth sentence by striking "the total cost of 
deficient bridges in a State £ind in all States shall be reduced 
by the total cost of any highway bridges constructed under 
subsection (m) in such State, relating to replacement of 
destroyed bridges and ferryboat services, and,"; and 

(3) in the seventh sentence by striking "for the same period 
as fiinds apportioned for projects on the Federal-aid primary 
system under this title" and inserting "for the period specified 
in section 118(b)(2)". 

(d) Off-System Bridges.— Section 144(g)(3) of such title is 
amended to read as follows: 

"(3) Off-system bridges. — 

"(A) In general.— Not less than 15 percent of the 
amount apportioned to each State in each of fiscal years 
2005 through 2009 shall be expended for projects to replace, 
rehabilitate, paint, perform systematic preventive mainte- 
nance or seismic retrofit of, or apply calcium magnesium 
acetate, sodium acetate/formate, or other environmentally 
acceptable, minimally corrosive anti-icing and de-icing com- 
positions to, or install scour countermesisures to, highway 
bridges located on public roads, other than those on a 



171 



119 STAT. 1174 PUBLIC LAW 109-59— AUG. 10, 2005 

Federal-aid highway, or to complete the Warwick Inter- 
modal Station (including the construction of a people mover 
between the Station and the T.F. Green Airport). 

"(B) Reduction of expenditures.— The Secretary, 
after consultation with State and local officials, may reduce 
the requirement for expenditure for bridges not on a Fed- 
eral-aid highway under subparagraph (A) with respect to 
the State if the Secretary determines that the State has 
inadequate needs to justify the expenditure.". 

(e) Bridge Set-aside. — 
23 use 144. (1) Fiscal year 2005.— Section 144(g)(1)(C) of such title 

is amended — 

(A) in the subsection heading by striking "2003" and 
inserting "2005"; and 

(B) in the first sentence by striking "2003" and 
inserting "2005". 

EfiFective date. (2) FISCAL YEARS 2006 THROUGH 2009.— Effective October 

1, 2005, section 144(g) of such title (as amended by subsection 
(d) of this section) is amended — 

(A) by striking the subsection designation and all that 
follows through the period at the end of paragraph (2) 
and inserting the following: 
"(g) Bridge Set-asides. — 

"(1) Designated projects. — 

"(A) In general. — Of the amounts authorized to be 
appropriated to carry out the bridge program imder this 
section for each of the fiscal years 2006 through 2009, 
all but $100,000,000 shall be apportioned as provided in 
subsection (e). Such $100,000,000 shall be available as 
follows: 

"(i) $12,500,000 per fiscal year for the Golden Gate 
Bridge. 

"(ii) $18,750,000 per fiscal year for the construction 
of a bridge joining the Island of Gravina to the commu- 
nity of Ketchikan in Alaska. 

"(iii) $12,500,000 per fiscal year to the State of 
Nevada for construction of a replacement of the feder- 
ally owned bridge over the Hoover Dam in the Lake 
Mead National Recreation Area. 

"(iv) $12,500,000 per fiscal year to the State of 
Missouri for construction of a structure over the Mis- 
sissippi River to connect the City of St. Louis, Missouri, 
to the State of Illinois. 

"(v) $12,500,000 per fiscal year for replacement 
and reconstruction of State maintained bridges in the 
State of Oklahoma. 

"(vi) $4,500,000 per fiscal year for replacement 
of the Missisquoi Bay Bridge, Vermont. 

"(vii) $8,000,000 per fiscal year for replacement 
and reconstruction of State-maintained bridges in the 
State of Vermont. 

"(viii) $8,750,000 per fiscal year for design, plan- 
ning, and right-of-way acquisition for the Interstate 
Route 74 bridge fi-om Bettendorf, Iowa, to Moline, 
Illinois. 



172 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1175 

"(ix) $10,000,000 per fiscal year for replacement 

and reconstruction of State-maintained bridges in the 

State of Oregon. 

"(B) Gravina access scoring.— The project described 
in subparagraph (A)(ii) shall not be counted for purposes 
of the reduction set forth in the fourth sentence of sub- 
section (e). 

"(C) Period of availability.— Amounts made avail- 
able to a State under this paragraph shall remain available 
until expended."; 

(B) by striking paragraph (2); and 

(C) by redesignating paragraph (3) as paragraph (2). 

(f) Continuation of Report; Federal Share. — Section 144 
of such title is amended by adding at the end the following: 

"(r) Annual Materials Report on New Bridge Construc- FederaJ Register, 
TiON and Bridge Rehabilitation.— Not later than 1 year after publication. 
the date of enactment of this subsection, and annually thereafter, 
the Secretary shall publish in the Federal Register a report 
describing construction materials used in new Federal-aid bridge 
construction and bridge rehabilitation projects, 
"(s) Federal Share. — 

"(1) In general. — Except as provided under paragraph 
(2), the Federal share of the cost of a project payable from 
funds made available to carry out this section shall be deter- 
mined under section 120(b). 

"(2) Interstate system.— The Federal share of the cost 
of a project on the Interstate System payable from funds made 
available to carry out this section shall be determined under 
section 120(a).". 

(g) Technical Amendment.— Section 144(i) of such title is 
amended by striking "at the same time" and all that follows through 
"Congress". 

SEC. 1115. fflGHWAY USE TAX EVASION PROJECTS. 

(a) Eugible Activities. — 

(1) Intergovernmental enforcement efforts. — Section 
143(bX2) of title 23, United States Code, is amended by 
inserting before the period the following: "; except that of funds 
so made available for each of fiscal years 2005 through 2009, 
$2,000,000 shall be available only to carry out intergovern- 
mental enforcement efforts, including research and training". 

(2) Conditions on fui«)S allocated to internal rev- 
enue service. — Section 143(b)(3) of such title is amended by 
striking "The" and inserting "Except as otherwise provided 
in this section, the". 

(3) Limitation on use of funds. — Section 143(b)(4) of 
such title is amended — 

(A) by striking "and" at the end of subparagraph (F); 

(B) by striking the period at the end of subparagraph 
(G) and inserting a semicolon; and 

(C) by adding at the end the following: 

"(H) to support efforts between States and Indian tribes 
to address issues relating to State motor fiiel taxes; and 

"(I) to Einalyze and implement programs to reduce tax 
evasion associated with foreign imported fuel.". 

(4) Reports. — Section 143(b) of such title is amended by 
adding at the end the following: 



173 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1181 

or expenditure so long as the agreement, or the existing 
agreement entered into under paragraph (1), is in effect, 
"(f) Permissible Uses of Funds.— 

"(1) In general. — Funds made available for the program 
may be used only for the following projects and activities carried 
out in a territory: 

"(A) Eligible surface transportation program projects 
described in section 133(b). 

"(B) Cost-efiFective, preventive maintenance consistent 
with section 116(d). 

"(C) Ferry boats, terminal facOities, and approaches, 
in accordance with subsections (b) and (c) of section 129. 
"(D) Engineering and economic surveys and investiga- 
tions for the planning, and the financing, of future highway 
programs. 

"(E) Studies of the economy, seifety, and convenience 
of highway use. 

"(F) The regulation and equitable taxation of highway 
use. 

"(G) Such research and development as are necessary 
in connection with the planning, design, and maintenance 
of the highway system. 

"(2) Prohibition on use of funds for routine mainte- 
nance. — None of the funds made available for the program 
shall be obhgated or expended for routine maintenance. 
"(g) Location of Projects. — ^Territorial highway projects 
(other than those described in paragraphs (1), (3), and (4) of section 
133(b)) may not be undertaken on roads fiinctionally classified 
as local.". 

(b) Conforming Amendments.— 

(1) Eligible projects.— Section 103(b) of such title is 
amended — 

(A) in the heading for paragraph (6) by striking 
"Eligible" and inserting "State eligible"; 

(B) in paragraph (6) by striking subparagraph (P); 
and 

(C) by adding at the end the following: 

"(7) Territory eligible projects. — Subject to approval 
by the Secretary, funds set aside for this program under section 
104(b)(1) for the National Highway System may be obligated 
for projects eligible for assistance under the territorial highway 
program under section 215.". 

(2) Funding. — Section 104(b)(1)(A) of such title is amended 
by striking "to the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of Northern Mariana Islands" and 
inserting "for the territorial highway program under section 
215". 

(3) Clerical amendment.— The analysis for chapter 2 of 
such title is amended by striking the item relating to section 
215 and inserting the following: 

"215. Territorial highway program.". 

SEC. 1119. FEDERAL LANDS HIGHWAYS. 

(a) Federal Share Payable,— 

(1) In general. — Section 120(k) of title 23, United States 
Code, is amended — 

(A) by striking "Federal-aid highway"; and 



174 



119 STAT. 1182 



PUBLIC LAW 109-59— AUG. 10, 2005 



Efifective date. 



Deadline. 



(B) by striking "section 104" and inserting "this title 

or chapter 53 of title 49". 

(2) Technical references. — Section 120(1) of such title 
is amended by striking "section 104" and inserting "this title 
or chapter 53 of title 49". 

(b) Payments to Federal Agencies for Federal-Aid 
Projects. — Section 132 of such title is amended — 

(1) by striking the first two sentences and inserting the 
following: 

"(a) In General. — In a case in which a proposed Federal- 
aid project is to be undertaken by a Federal agency in accordance 
with an agreement between a State and the Federal agency, the 
State may — 

"(1) direct the Secretary to transfer the funds for the Fed- 
eral share of the project directly to the Federal agency; or 
"(2) make such deposit with, or pajrment to, the Federzd 
agency as is required to meet the obligation of the State imder 
the agreement for the work undertaken or to be undertaken 
by the Federal agency. 

"(b) Reimbursement. — On execution with a State of a project 
agreement described in subsection (a), the Secretary may reimburse 
the State, using any available funds, for the estimated Federal 
share imder this title of the obligation of the State deposited or 
paid under subsection (a)(2).''; and 

(2) in the last sentence by striking "Any sums" and 
inserting the following: 

"(c) Recovery and Crediting of FuNDS.—Any sums". 

(c) Allocations. — Section 202 of such title is amended — 

(1) in subsection (a) by striking "(a) On October 1" and 
all that foUows through "Such allocation" and inserting the 
following: 

"(a) Allocation Based on Need. — 

"(1) In general. — On October 1 of each fiscal year, the 
Secretary shall allocate sums authorized to be appropriated 
for the fisced year for forest development roads and trails 
according to the relative needs of the various national forests 
and grasslands. 

"(2) Planning. — The allocation under paragraph (1)"; 

(2) in subsection (d)(2) — 

(A) by adding at the end the following: 
"(E) Transferred funds. — 

"(i) In general. — Not later than 30 days after 
the date on which funds are made available to the 
Secretary of the Interior under this paragraph, the 
funds shall be distributed to, and available for imme- 
diate use by, the eligible Indian tribes, in accordance 
with the formula for distribution of funds luider the 
Indian reservation roads program. 

"(ii) Use of funds. — NotAvithstanding any other 
provision of this section, funds available to Indian 
tribes for Indian reservation roads shall be exp>ended 
on projects identified in a transportation improvement 
program approved by the Secretary."; and 

(B) in subsection (d)(3)(A) by striking "under this title" 
and inserting "under this chapter and section 125(e)". 



175 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1183 



(d) Federal Lands Highways Program.— Section 202 of such 
title is amended by striking subsection (b) and inserting the fol- 
lowing: 

"(b) Allocation for Public Lands Highways. — 
"(1) Public lands highways.— 

"(A) In general. — On October 1 of each fiscal year, Effective date. 
the Secretary shall allocate 34 percent of the sums author- 
ized to be appropriated for that fiscal year for public lands 
highways among those States having unappropriated or 
unreserved public lands, nontaxable Indian lands, or other 
Federal reservations, on the basis of need in the States, 
respectively, as determined by the Secreteuy, on appUcation 
of the State transportation departments of the respective 
States. 

"(B) Preference. — In making the allocation under 
subparagraph (A), the Secretary shall give preference to 
those projects that are significantly impacted by Federal 
land and resource management activities that are proposed 
by a State that contains at least 3 percent of the total 
public land in the United States. 
"(2) Forest highways. — 

"(A) In general. — On October 1 of each fiscal year, EflFective date, 
the Secretary shall allocate 66 percent of the funds author- 
ized to be appropriated for public lands highways for forest 
highways in accordance with section 134 of the Federal- 
Aid Highway Act of 1987 (23 U.S.C. 202 note; 101 Stat. 
173). 

"(B) PuBUC access to and within national forest 
system. — In making the allocation under subparagraph (A), 
the Secretary shall give equal consideration to projects 
that provide access to and within the National Forest 
System, as identified by the Secretary of Agriculture 
through — 

"(i) renewable resource and land use planning; and 

"(ii) assessments of the impact of that planning 

on transportation facilities.". 

(e) BIA Administrative Expenses. — Section 202(d)(2) of such 

title (as amended by subsection (c)(2) of this section) is amended 

by adding at the end the following: 

"(F) Administrative expenses.— 

"(i) In general. — Of the funds authorized to be 
appropriated for Indian reservation roads, $20,000,000 
for fiscal year 2006, $22,000,000 for fiscal year 2007, 
$24,500,000 for fiscal year 2008, and $27,000,000 for 
fiscal year 2009 may be used by the Secretary of the 
Interior for program management and oversight and 
project-related administrative expenses. 

"(ii) Health and safety assurances. — Notwith- 
standing any other provision of law, an Indian tribal 
government may approve plans, specifications, and 
estimates and commence road and bridge construction 
with funds made available for Indian reservation roads 
under the Transportation Equity Act for the 21st Cen- 
tury (Public Law 105-178) and SAFETEA-LU through 
a contract or agreement under the Indian Self-Deter- 
mination and Education Assistance Act (25 U.S.C. 450b 
et seq.) if the Indian tribal government — 



176 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1187 

significant and material audit exceptions in the 
required annual audit of the Indian tribal government 
self-determination contracts or self-governance funding 
agreements with any Federal agency during the 3- 
fiscfd year period referred in clause (i) shall be conclu- 
sive evidence of the financial stability and financial 
management capability for purposes of clause (i). 
"(G) Assumption of functions and duties.— An 
Indian tribal government receiving funding under subpara- 
graph (A) for a program or project shall assume all func- 
tions and duties that the Secretary of the Interior would 
have performed with respect to a program or project under 
this chapter, other than those functions and duties that 
inherently cannot be legally transferred under the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450b et seq.). 

"(H) Powers. — An Indian tribal government receiving 
funding under subparagraph (A) for a program or project 
shaU have all powers that the Secretary of the Interior 
would have exercised in administering the funds trans- 
ferred to the Indian tribal government for such program 
or project under this section if the funds had not been 
transferred, except to the extent that such powers are 
powers that inherently cannot be legally transferred under 
the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b et seq.). 

"(I) Dispute resolution. — In the event of a disagree- 
ment between the Secretary or the Secretary of the Interior 
and an Indian tribe over whether a particular fiinction, 
duty, or power may be lawfully transferred under the 
Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b et seq.), the Indian tribe shall have the 
right to pursue all alternative dispute resolutions and 
appeal procedvires authorized by such Act, including regula- 
tions issued to carry out such Act. 

"(J) Termination of contract or agreement. — On 
the date of the termination of a contract or agpreement 
under this section by an Indian tribal government, the 
Secretary shall transfer all funds that would have been 
allocated to the Indian tribal government under the con- 
tract or agreement to the Secretary of the Interior to pro- 
vide continued transportation services in accordance with 
appUcable law.", 
(h) Planning and Agency Coordination. — Section 204 of such 
title is amended — 

(1) in subsection (a)(1) by inserting "refuge roads," after 
"parkways,"; and 

(2) by striking subsection (b) and inserting the following: 
"(b) Use of Funds. — 

"(1) In general. — Funds made available for public lands 
highways, park roads and parkways, and Indian reservation 
roads shall be used by the Secretsiry and the Secretary of 
the appropriate Federal land management agency to pay the 
cost of— 

"(A) transportation planning, research, and engineering 

and construction of, highways, roads, parkways, and transit 



177 



119 STAT. 1188 PUBLIC LAW 109-59— AUG. 10, 2005 

facilities located on public lands, national parks, and Indian 
reservations; and 

"(B) operation and maintenance of transit facilities 
located on public lands, national parks, and Indian reserva- 
tions. 

"(2) Contract. — In connection with an activity described 
in paragraph (1), the Secretary and the Secretary of the appro- 
priate Federal land management agency may enter into a con- 
tract or other appropriate agreement with respect to such 
activity with — 

"(A) a State (including a political subdivision of a 
State); or 

"(B) an Indian tribe. 
"(3) Indian reservation roads. — In the case of an Indian 
reservation road — 

"(A) Indian labor may be employed, in accordance with 
such rules and regulations as may be promulgated by the 
Secretary of the Interior, to carry out any construction 
or other activity described in paragraph (1); and 

"(B) funds made available to carry out this section 
may be used to pay bridge preconstruction costs (including 
planning, design, and engineering). 

"(4) Federal employment. — No maximum limitation on 
Federal emplojrment shall be applicable to construction or 
improvement of Indian reservation roads. 

"(5) Availability of funds.— Funds made available under 
this section for each class of Federal lands highways shall 
be available for any transportation project eUgible for assistance 
imder this title that is within or adjacent to, or that provides 
access to, the areas served by the particular class of Federal 
lands highways. 

"(6) Reservation of funds.— The Secretary of the Interior 
may reserve funds from administrative funds of the Bureau 
of Indian Affairs that are associated with the Indian reservation 
roads program to finance Indian technical centers under section 
504(b).". 

(i) Maintenance of Indlan Reservation Roads. — Section 
204(c) of such title is amended by striking the second and third 
sentences and inserting the following: "Notwithstanding any other 
provision of this title, of the amount of funds allocated for Indian 
reservation roads from the Highway Trust Fund, not more than 
25 percent of the funds allocated to an Indiem tribe may be expended 
for the purpose of maintenance, excluding road sealing which shall 
not be subject to any limitation. The Bureau of Indian Affairs 
shall continue to retain primary responsibihty, including annual 
funding request responsibility, for road maintenance programs on 
Indian reservations. The Secretary shall ensure that funding made 
available imder this subsection for maintenance of Indian reserva- 
tion roads for each fiscal year is supplementary to and not in 
lieu of any obligation of fimds by the Bureau of Indian Affairs 
for road maintenance programs on Indian reservations.". 

(j) Refuge Roads. — Section 204(k)(l) of such title is amended— 
(1) in subparagraph (B) — 

(A) by striking "(2), (5)," and inserting "(2), (3), (5),"; 
and 

(B) by striking "and" after the semicolon; 

* ****** 



178 



119 STAT. 1190 PUBLIC LAW 109-59— AUG. 10, 2005 

Indian tribes to ensure that the rights of a tribe or indi- 
vidual Indian are protected. 

"(B) Preservation of united states responsi- 
bility. — Nothing in this title shall absolve the United 
States from any responsibility to Indians and Indian tribes, 
including responsibilities derived from the trust relation- 
ship and any treaty, executive order, or agreement between 
the United States and an Indian tribe.". 
(m) Forest Highways. — Of the amounts made available for 
pubUc lands highways under section 1101 — 

(1) not to exceed $20,000,000 per fiscal year may be used 
for the maintenance of forest highways; 

(2) not to exceed $1,000,000 per fiscal year may be used 
for signage identifying public hunting and fishing access; and 

(3) not to exceed $10,000,000 per fiscal year shall be used 
by the Secretary of Agriculture to pay the costs of facilitating 
the passage of aquatic species beneath roads in the National 
Forest System, including the costs of constructing, maintaining, 
replacing, or removing culverts and bridges, as appropriate. 

23 use 401 note. (n) WILDLIFE VEHICLE COLUSION REDUCTION STUDY. — 

(1) In GENERAL. — ^The Secretary shall conduct a study of 
methods to reduce colUsions between motor vehicles and wildlife 
(in this subsection referred to as 'Svildlife vehicle collisions"). 

(2) Contents.— 

(A) Areas of study. — ^The study shall include an 
assessment of the causes and impacts of wildlife vehicle 
collisions and solutions and best practices for reducing 
such collisions. 

(B) Methods for conducting the study.— In car- 
rying out the study, the Secretary shall — 

(i) conduct a thorough literature review; and 
(ii) siu^rey current practices of the Department 
of Transportation . 

(3) Consultation.— In carrying out the study, the Sec- 
retary shall consult with appropriate experts in the field of 
wildhfe vehicle colUsions. 

(4) Report.— 

(A) In general.— Not later than 2 years after the 
date of enactment of this Act, the Secretary shall submit 
to Congress a report on the results of the study. 

(B) Contents. — The report shall include a description 
of each of the following: 

(i) Causes of wildlife vehicle collisions, 
(ii) Impacts of wildlife vehicle collisions, 
(iii) Solutions to and prevention of wildlife vehicle 
collisions. 

(5) Manual. — 

(A) Development. — ^Based upon the results of the 
study, the Secretary shall develop a best practices manual 
to support State efforts to reduce wildlife vehicle coUisions. 
Deadline. (B) AVAILABILITY. — The manual shall be made avail- 

able to States not later than 1 year after the date of 
transmission of the report under paragraph (4). 

(C) Contents. — ^The manual shaU include, at a min- 
imum, the following: 

(i) A list of best practices addressing wildlife 
vehicle collisions. 



179 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1191 

(ii) A Kst of information, technical, and funding 
resources for addressing wildlife vehicle coUisions. 

(iii) Recommendations for addressing wildlife 
vehicle collisions. 

(iv) Guidance for developing a State action plan 

to address wildlife vehicle collisions. 

(6) Training. — ^Based upon the manual developed under 

paragraph (5), the Secretary shall develop a training course 

on addressing wildlife vehicle coUisions for transportation 

professionals. 

(o) Limitation on Applicability. — ^The requirements of the 
January 4, 2005, Federal Highway Administration, a final rule 
on the implementation of the Uniform Relocation Assistance and 
Real Property Acquisition policy Act of 1970 (42 U.S.C. 4601 et 
seq.) shall not apply to the voluntary conservation easement activi- 
ties of the Department of Agriculture or the Department of the 
Interior. 

SEC. 1120. PUERTO RICO HIGHWAY PROGRAM. 

(a) In General. — Subchapter I of chapter 1 of title 23, United 
States Code, is amended by adding at the end the following: 

•*§ 165. Puerto Rico highway progrram 

"(a) In General. — ^The Secretary shall allocate funds made 
available to carry out this section for each of fiscal years 2005 
through 2009 to the Commonwealth of Puerto Rico to carry out 
a highway program in the Commonwealth. 

"(b) Applicability of Title. — ^Amounts made available by sec- 
tion 1101(aX14) of the SAFETEA-LU shall be available for obliga- 
tion in the same manner as if such funds were apportioned under 
this chapter. 

"(c) Treatment of Funds. — ^Amounts made available to carry 
out this section for a fiscal year shall be administered as follows: 
"(1) Apportionment. — ^For the purpose of imposing any 
penalty under this title or title 49, the amounts shall be treated 
as being apportioned to Puerto Rico under sections 104(b) and 
144, for each program funded under those sections in an amount 
determined by multiplying — 

"(A) the aggregate of the amoimts for the fiscal year; 
by 

"(B) the ratio that— 

"(i) the amount of funds api>ortioned to Puerto 
Rico for each such program for fiscal year 1997; bears 
to 

"(ii) the total amount of funds apportioned to 
Puerto Rico for all such programs for fiscal year 1997. 
"(2) Penalty. — ^The amounts treated as being apportioned 
to Puerto Rico under each section referred to in paragraph 
(1) shall be deemed to be required to be apportioned to Puerto 
Rico vmder that section for purposes of the imposition of any 
penalty under this title or title 49. 

"(d) Effect on Allocations and Apportionments. — Subject 
to subsection (c)(2), nothing in this section affects any allocation 
under section 105 and any apportionment under sections 104 and 
144.". 



180 



119 STAT. 1254 



PUBLIC LAW 109-59— AUG. 10, 2005 



Contracts. 



Contracts. 



(E) the State has given preference to the use of a 
public toll agency with demonstrated capability to build, 
operate, and maintain a toll expressway system meeting 
criteria for the Interstate System. 

(5) Prohibition on noncompete agreements. — ^Before the 
Secretary may permit a State to participate in the pilot pro- 
gram, the State must enter into an agreement with the Sec- 
retary that provides that the State will not enter into an 
agreement with a private person under which the State is 
prevented from improving or expanding the capacity of public 
roads adjacent to the toll facility to address con{htions resulting 
firom traffic diverted to such roads from the toll faciUty, 
including — 

(A) excessive congestion; 

(B) pavement wear; and 

(C) an increased incidence of traffic accidents, injuries, 
or fatalities. 

(6) Limitations on use of revenues; audits.— Before the 
Secretary may permit a State to participate in the pilot pro- 
gram, the State must enter into an agreement vnth the Sec- 
retary that provides that — 

(A) all toll revenues received from operation of the 
toll facility will be used only for — 

(i) debt service; 

(ii) reasonable return on investment of any private 
person financing the project; and 

(iii) any costs necessary for the improvement of 
and the proper operation and msdntenance of the toll 
facUity, including reconstruction, resurfacing, restora- 
tion, and rehabihtation of the toll facility; and 

(B) regular audits will be conducted to ensure compli- 
ance with subparagraph (A) and the results of such audits 
will be transmitted to the Secretary. 

(7) Limitation on use of interstate maintenance 
funds. — During the term of the pilot program, funds appor- 
tioned for Interstate maintenance xuider section 104(b)(4) of 
title 23, United States Code, may not be used on a facility 
for which tolls are being collected under the program. 

(8) Program term. — ^The Secretary may approve an 
appUcation of a State for permission to collect a toll under 
this section only if the application is received by the Secretary 
before the last day of the 10-year period beginning on the 
date of enactment of this Act. 

(9) Interstate system defined. — In this section, the term 
"Interstate System" has the meaning such term has under 
section 101 of title 23, United States Code. 



Subtitle G — High Priority Projects 

SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM. 

(a) Authorization of High Priority Projects. — Section 
117(a) of title 23, United States Code, is amended to read as 
follows: 

"(a) Authorization of High Priority Projects.— 



181 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1255 

"(1) In general. — The Secretary is authorized to carry 
out high priority projects with fiinds made available to carry 
out the high priority projects program vmder this section. 
"(2) Availability of funds. — 

"(A) For tea-21. — Of amounts made available to carry 
out this section for fiscal years 1998 through 2003, the 
Secretary, subject to subsection (b), shall make available 
to carry out each project described in section 1602 of the 
Transportation Equity Act for the 21st Centvuy the amount 
listed for such project in such section. 

"(B) For safetea-lu. — Of amounts made available to 
carry out this section for fiscal years 2005 through 2009, 
the Secretary, subject to subsection (b), shall make avail- 
able to carry out each project described in section 1702 
of the SAFETEA-LU the amount listed for such project 
in such section. 

"(3) Availability of unallocated funds.— Any amounts 
made avedlable to cany out such program that are not allocated 
for projects described in such section shall be available to 
the Secretary, subject to subsection (b), to carry out such other 
high priority projects as the Secretary determines appropriate.". 

(b) Allocation Percentages. — Section 117(b) of such title is 
amended to read as follows: 

"(b) For TEA-21. — For each project to be carried out with 
funds made available to carry out the high priority projects program 
under this section for fiscal years 1998 through 2003 — 

"(1) 11 percent of such amount shall be available for obliga- 
tion beginning in fiscal year 1998; 

"(2) 15 percent of such amount shall be available for obliga- 
tion beginning in fiscal year 1999; 

"(3) 18 percent of such amount shall be available for obliga- 
tion beginning in fiscal year 2000; 

"(4) 18 percent of such amount shall be available for obliga- 
tion beginning in fiscal year 2001; 

"(5) 19 percent of such amount shall be available for obliga- 
tion beginning in fiscsd year 2002; and 

"(6) 19 percent of such amount shall be available for obliga- 
tion beginning in fiscal year 2003. 

"(c) For SAFETEA-LU.— For each project to be carried out 
with fiinds made available to carry out the high priority projects 
program under this section for fiscal years 2005 through 2009 — 

"(1) 20 percent of such amount shall be available for obliga- 
tion beginning in fiscal year 2005; 

"(2) 20 percent of such amount shall be available for obliga- 
tion beginning in fiscal year 2006; 

"(3) 20 percent of such amovmt shall be available for obliga- 
tion beginning in fiscal year 2007; 

"(4) 20 percent of such amount shall be available for obliga- 
tion beginning in fiscal year 2008; and 

"(5) 20 percent of such amount shall be available for obliga- 
tion beginning in fiscal year 2009.". 

(c) Advance Construction.— Section 117(e) of such title is 
amended — 

(1) in paragraph (1) by inserting after "21st Century" the 
following: "or section 1701 of the SAFETEA-LU, as the case 
may be,"; and 



182 



119 STAT. 1256 



PUBLIC LAW 109-59— AUG. 10, 2005 



(2) by striking "section 1602 of the Transportation Equity 
Act for the 21st Century." and inserting "such section 1602 
or 1702, as the case may be." 

(d) Availability of Obligation Limitation. — Section 117(g) 
of such title is amended by inserting after "21st Century" the 
following: "or section 1102(g) of the SAFETEA-LU, as the case 
may be". 

(e) Federal-State Relationship.— Section 145(b) of such title 
is amended — 

(1) by inserting after "described in" the following: "section 
1702 of the SAFETEA-LU,"; 

(2) by inserting after "for such projects by" the following: 
"section 1101(a)(16) of the SAFETEA-LU,"; and 

(3) by striking "117 of title 23, United States Code," and 
inserting "section 117 of this title,". 

SEC. 1702. PROJECT AUTHORIZATIONS. 

Subject to section 117 of title 23, United States Code, the 
amount Usted for each high priority project in the following table 
shall be available (from amounts made available by section 
1101(aX16) of this Act) for fiscal years 2005 through 2009 to carry 
out each such project: 

Highway Projects 
High P'riority Plrojects 



No. 



State 



Project Description 

Construct safe access to streets for bicyclists 
and pedestrians including crosswalks, side- 
walks and traffic calming measures, Covina 

Develop and implement ITS master plan in 
Anaheim 

Improve circuitry on vehicle protection device 
installed at highway/RR crossing in Athens, 
TN 

Builds a pedestrian bridge from Hiller Street 
to the Bay Trail, Belmont 

Renovate and expand National Packard Mu- 
seum and adjacent historic Packard facilities 

Land acquisition for the widening of Rt. 47 in 
Yorkville.IL 

Interstate 80 Interchange at Pflug Road, 
Sarpy County, Nebraska 

Construction of Segment #1 of Morrison Road 
for the City of Brownsville 

1-96 at Latson Road Interchange improve- 
ments 

Preconstruction and Construction of IL 83 at 
IL 132 

Add third lane on U.S. 27 (State Route 29) for 
truck-climbing lane and realignment of 
roadway at Wolf Creek Road to Old U.S. 27 
north of Robbins 

Reconfiguration of U.S. 31 from the Manistee 
Bascule Bridge to Lincoln Street in the City 
of Manistee 

BentonviUe, Arkansas — Widen and improve I- 
540 and SH 102 Interchange 

Interstate 5 and 4lBt Street/Broadway Inter- 
change and Arterial Improvement Project, 
Everett 



Amount 



12 

13 
14 



CA 



2 


CA 


3 


TN 


4 


CA 


5 


OH 


6 


IL 


7 


NE 


8 


tx 


9 


MI 


10 


IL 


11 


TN 



MI 

AR 
WA 



$400,000 
$800,000 

$47,200 
$1,960,000 
$2,750,000 
$4,000,000 
$1,600,000 
$1,600,000 
$4,800,000 
$800,000 

$4,800,000 

$600,000 
$1,420,000 

$3,180,000 



183 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1257 



Highway i^rojects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



15 

16 
17 
18 

19 

20 



27 



28 



CA 

OK 
NJ 
OH 

TN 

NY 



21 


IL 


22 


PA 


23 


NY 


24 


TX 


25 
26 


IL 
IL 



MN 



CA 



29 


TN 


—^30 


NY 


31 


IL 


32 


PL 


33 


MD 


34 


TN 


35 


CA 


36 


IL 


37 


MN 


38 


LA 



Reconstruct and deep-liit asphalt on various 
roads throughout the district in Santa Bar- 
bara County 

Improving the 1-35 Interchange at Milepost 1 
Near Thackerville 

Laurel Avenue Bridge replacement in Holmdel 
Township 

Construct overpass over CSX Railroad on Co- 
lumbia Road (State Route 252), Ohnsted 
Falls 

Reconstruct and widen U.S. 72 from south of 
State Route 175 to State Route 57, Shelby 
County 

Construct roundabout at Oregon Road — 
Westbrook Drive — Red Mill Road in Town of 
Cortlandt 

Construct Bike, Pedestrian Paths, Orland 
Hills 

Construct I-79/Rte 3025 missing ramps at 
Jackson Township, PA 

John Street Extension-Lehig^ Station Road to 
Bailey Road in the Town of Henrietta 

Extension of SH 349 to U.S. 87 Relief Route in 
Dawson County 

Parking facility in Peoria, IL 

Construct Interchange on Interstate 255/Davis 
Ferry Road, Dupo 

Construction and right-of-way acquisition for 
interchange at TH 65 and TH 242 in Blaine, 
MN 

Himtington Beach, Remove ofF-ramp on 1-405 
at Beach Blvd. Construct fourth lane on I- 
405 North, at the Beach Blvd. interchange .. 

Addition of an interchange on 1-40 in Roane 
Country at Buttermilk Road and 1-40 

Purchase Three Ferries and Establish System 
for Ferry Service from Rockaway Peninsula 
to Manhattan 

Reconstruction of Mockingbird Lane and 
Stratford St, Granite City 

Construction a new multi-lane tunnel below 
the channel to link the Port of Miami on 
Dodge Island with 1-395 on Watson Island 
and 1-95 in Downtown Miami 

Rehabilitation of West Baltimore Trail and 
Implementation of Pedestrian Improvements 
Along Associated Roadways 

Removal and Reconfiguration of Interstate 
Ramps/I-40 

Replace structurally unsafe Winters Bridge for 
vehicles, bicycles and pedestrians between 
Yolo and Solano Counties 

City of Havana, Illinois Upgrades to Broadway 

Street 

Construction of Gitchi-Gami State Trail from 

Cascade River to Grand Marais 

Develop master transportation plan for the 
New Orleans Regional Medical Center 



$4,000,000 

$1,600,000 

$800,000 

$448,000 

$800,000 

$380,000 

$320,000 

$920,000 

$2,000,000 

$2,000,000 
$800,000 

$17,500,000 

$3,200,000 

$400,000 
$2,400,000 

$15,000,000 
$1,600,000 

$400,000 

$720,000 
$2,400,000 

$1,600,000 
$762,058 
$900,000 
$400,000 



184 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1263 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Reconstruct Route 24/Route 140 Interchange, 
replace bridge and ramps, widen and extend 
acceleration and deceleration lanes 

Study leindslides on U.S. Highway 20 between 
Cascadia and Santiam Pass to develop long- 
term repair strategy 

Upgrade Alex Gates Road and Walnut Road in 
Quitman County, and roads in Falcon, 
Sledge and Lambert 

Upgrades for MuUer Road in the City of Wash- 
ington, IL 

Construction of Valleydale Road Flyover and 
widening and improvements from U.S. 31 to 
1-65 (Shelby County Rd. 17) 

Upgrade roads in Beauregard (U. S. Hwy 51), 
Dentville-Jack Rd. near Crystal Springs, 
and Hazelhurst (U.S. Highway 51 and 1-65), 
Copiah County 

Westchester (bounty, NY Rehabilitation of 
June Road Town of North Salem 

Implement streetscape improvements on seg- 
ments of Laurel Canyon Blvd. and Victory 
Blvd. in North Hollywood 

Construct loop road along U.S. 23 in City of 
Fostoria, Seneca County 

Design, engineering, ROW acquisition, and 
construction of street improvements, park- 
ing, safety enhancements, and roadway re- 
design in Nanticoke 

Improve Ralph Darden Memorial Parkway Be- 
tween LA 182 and Martin Luther King, Jr., 
Road, St. Mary Parish 

Reconstruct segments of Hollister Avenue be- 
tween San Antonio Road and State Route 
154 in Santa Barbara Coimty 

Reconstruction of Schenck Avenue from Ja- 
maica Avenue to Flatlands Avenue, Brook- 
lyn 

Construct Wadsworth Interchcmge over U.S. 
36 in Broomfield 

Enhance Battery Park Bikeway Perimeter, 
New York City 

1—95 Interchange in the City of Boca Raton 

Construct Long Valley Bypass 

Alpena County, Resurface 3.51 miles of Ham- 
ilton and Wessel Roads 

Construct a 2.8 mile bikeway along Lambert 
Road from Mills Ave., to Valley Home Ave., 
in the City of Whittier, CA 

Hidalgo County Loop 

Improvements to Route 108 to enhance access 
to business park, Rumford 

Installation of new turning lane from 
Mohansic Ave. onto eastbound Route 202 
and addition of new striped crosswalk 

Rockland County Hudson River Greenway 
Trail Project construction 

Construct a segment of FM 110 in San Marcos 

* * * * 



Amount 



173 



178 



179 


NY 


180 


CA 


181 


OH 


182 


PA 



183 

184 

185 

186 

-->187 

188 
189 
190 

191 



192 
193 

194 



195 
196 



MA 



174 


OR 


175 


MS 


176 


IL 


177 


AL 



MS 



LA 
CA 

NY 

CO 

NY 

FL 

NJ 
MI 

CA 



TX 
ME 

NY 



NY 
TX 



$13,000,000 

$1,000,000 

$1,400,000 
$224,000 

$4,720,000 

$800,000 
$520,000 

$960,000 
$6,960,000 

$1,600,000 

$280,000 

$2,000,000 

$4,000,000 

$1,600,000 

$1,600,000 

$11,400,000 

$800,000 

$512,000 



$2,000,000 
$800,000 

$1,500,000 



$340,000 

$1,600,000 
$1,000,000 



185 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1265 



Highway Projects 
High Priority Prcrjects — Continued 



No. 



State 



Project Description 



Amount 



->221 



222 



223 



230 



NY 



WI 



TX 



224 


IL 


225 


GA 


226 


PA 


227 


MI 


228 


FL 


229 


NY 



TN 



231 


NJ 


232 


CT 


233 


PA 


234 


CA 


235 


LA 


236 


NY 


237 


AR 


238 


WA 


239 


OH 


240 


PA 


241 


WA 


242 


IL 


243 


TN 


244 


GA 


245 


lA 



Improve traffic flow on Rockaway Point Boule- 
vard in the Breezy Point neighborhood of 
Queens County, including work to install a 
traffic signal at the intersection of Rockaway 

Point Boulevard and Reid Avenue 

Improve Superior Avenue: Interstate 43 to 
State Highway 32, Sheboygan County, Wis- 
consin 

Design, construction, and streetscape improve- 
ments to enhance pedestrian access, pedes- 
trian access to bus services and facilities 

Upgrade roads, The Village of Berkeley 

Upgrade sidewalks and lighting, Wrightsville 

Upgrades to Bedford Route 220 at the en- 
trance of the Bedford Business Park to 
Beldon Ridge intersection 

Widen Baldwin Road from Morgan to Waldon 
in Orion Township 

Construct Saxon Boulevard Extension, Volusia 
County, Florida 

Construction and rehabilitation of East and 
West Gates Avenues in the Village of 
Lindenhurst, NY 

Widen Interstate 240 from Interstate 55 to 
Interstate 40 West of Memphis, Shelby 
County 

Rahway River Corridor Greenway Bicycle and 
Pedestrian Path, South Orange 

Reconstruct Pearl Harbor Memorial Bridge, 
New Haven 

Development of Northwest Lancaster County 
River Trail 

Widen SR 89 at existing mousehole two lane 
RR imderpass 

Construct Mississippi River Trail and 
Bikepath, New Orleans 

Utica Marsh-Reestablish Water Street 

Widen to 5 lanes, improvement, and other de- 
velopment to U.S. Highway 79B/Univer8ity 
Ave. in Pine Bluff 

SR 9 and 20th St. SE Intersection Reconstruc- 
tion in Snohomish County 

Streetscape and related safety improvements 
to U.S. 20 in Painesville Township, OH 

Design, construct intersection and other up- 
grades on PA 24 and 124 in York County, 
PA 

Issaquah Historical Society, Issaquah Valley 
Trolley Project 

Construct new bridge on Illinois Prairie Path 
over East Branch River in Milton Township, 
IL 

Plan and construct improvements, Livingston 
public square 

Construction on U.S. 82 from Dawson to Ala- 
bama Line 

Construct 1-74 Bridge in Bettendorf, lA I 



$500,000 



$1,000,000 



$800,000 
$800,000 
$320,000 



$1,680,000 
$3,200,000 
$1,680,000 

$816,000 

$800,000 
$1,200,000 
$1,600,000 

$200,000 

$2,827,744 

$400,000 
$2,120,000 

$3,200,000 
$250,000 
$280,000 

$800,000 
$200,000 

$240,000 

$40,000 

$800,000 
$1,200,000 



186 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1269 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Improve traffic safety, including streetlights, 
&om Queen to Barclay to Los Angeles River 
to Riverside in Elysian Valley, Los Angeles 

Construction and improvements to Western 
Avenue and associated streets between 
Third Street and Terrace Street in Mus- 
kegon 

Construct Reed Station Parkway Extension to 
IL Rt. 3, Carbondale 

Construction of Patton Island Bridge Corridor 

Highland, Clyde Road from Hickory Ridge to 
Strathcona 

Alger County, Repaving a portion of H— 58 
from Buck Hill towards Little Beaver Road 

Improvements to U.S. 183 in Gonzales County 

Construct a raised landscaped median on 
Alondra Blvd. between Clark Ave. and 
Woodruff Ave. in Bellflower 

Right-of-way acquisition for TH 23 Paynesville 
Bypass 

Construct interchange improvements at 1-75 
and University Parkway 

For construction and architectural improve- 
ments of Wadsworth Bypass (SH 121) Bur- 
lington Northern Railroad and Grandview 
Grade Separation 

Construction of 4-lane improvement on K-I8 
in Riley County, Kansas 

Replace Rockaway Road Bridge, Randolph 
Township, New Jersey 

Construction of paved road over existing un- 
paved roadway on SE 144th Ave. from SR 
100 to U.S. 301, distance of 1.2 miles 

Construct 1-4 Frontage Rd., Volusia County, 
Florida 

Construction of Fringe and Corridor Parking 
Facility at intersection of Clinton Street and 
Keith Avenue in Baltimore 

Purchase of right-of-way for transportation en- 
hancement activities in Bainbridge Town- 
ship, OH 

Rowan Boulevard Parking adjacent to High- 
way 322 Corridor in Glassboro Township 

Construct interchange on U.S. 50 at Empire 
Ranch Road in Folsom 

Bicycle and Pedestrian Improvements in the 
Town of Windermere, Florida 

Plan and construct a bicycle and pedestrian 
trail, Smjrma 

Santa Anita Avenue Corridor Improvement 
project, Arcadia, California 

Phoenix City on/off ramps for U.S. Highway 80 

Design, engineering, ROW acquisition, and 
construction of a connector road between 
Pennsylvania Rt. 93 and Pennsylvania Rt. 
309 in Hazle Township 

South Tifton Bypass from U.S. 82/SR 520 west 
to U.S. 319/SR 35 east, Tift County 



Amount 



319 



320 



321 

322 
323 

324 



CA 



MI 



IL 

AL 
MI 

MI 



325 
326 


TX 
CA 


327 


MN 


328 


FL 


329 


CO 


330 


KS 


331 


NJ 


332 


FL 


333 


FL 


334 


MD 


335 


OH 


336 


NJ 


337 


CA 


338 


FL 


339 


TN 


340 


CA 


341 
342 


AL 
PA 


343 


GA 



$1,120,000 



$2,320,000 

$1,655,004 
$8,000,000 

$100,000 

$1,280,720 
$400,000 



$320,000 

$2,000,000 

$400,000 

$4,000,000 

$2,000,000 

$800,000 

$2,400,000 
$1,600,000 

$3,200,000 

$1,152,000 
$800,445 

$1,440,000 
$240,000 

$2,400,000 

$2,400,000 
$257,200 

$480,000 
$400,000 



187 



119 STAT. 1270 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



344 
345 

346 



NJ 
NJ 

CA 



347 


OH 


348 


NY 


349 


NJ 


350 


NJ 


351 


VA 


352 


LA 


353 


IN 


354 


ME 



357 


CA 


358 


NY 


359 


CA 


360 


OR 


361 


VA 


362 


NY 


363 


NJ 


364 


TX 


365 


TX 


366 


IN 


367 


GA 



Streetscape and Traffic Improvement Project 

to Downtown West Orange 

Bergen County, NJ On Route 17, address con- 
gestion, safety, drainage, maintenance, sign- 
ing, access, pedestrian circulation emd tran- 
sit access 

Road widening, construct bike path, lighting, 
and safety improvements on road leading to 
Hansen Dam Recreation Area, Los Angeles 
Highway grade crossing improvement on Sum- 
mit Road at Pataskala, Ohio 

Reconstruct a historic bridge crossing Maxwell 

Creek in the Town of Sodus, NY 

Safety and operation improvements on Route 

73 in Berlin, Voorhees and Eveshsun 

Study and preliminary engineering designs for 
a boulevard on State Route 440 and U.S. 

Highway Routes 1 and 9, Jersey City 

Construction of Route 17 Dominion Boulevard, 

Chesapeake, VA 

Installation of proper lighting standards to il- 
luminate inbound and outboimd ramps of I- 

10 and portions of Hwy 95 

Cyntheanne Rd. Interchange and Corridor Im- 
provements, Town of Fishers, Indiana 

Plan and construct North-South Aroostook 
highways, to improve access to St. John Val- 
ley, including Presque Isle Bypass and other 

improvements 

Plan and construct a bicycle and pedestrian 

trail, LaVergne 

Build Arkansas Street Grade Separation in 

Laredo 

Construct new left turn lane at State Route 19 

and Telstar in El Monte 

Meadow Drive Extension — North Tonawanda, 

New York 

Reconstruct 1-880 and Coleman Avenue Inter- 
change and implement other 1-880 Corridor 
operational improvements in Santa Clara 

County 

Improve Millicim, West Butte Road which con- 
nects U.S. Highway 20 with U.S. Highway 

126 

Metropolitan Washington, D.C. Regional 

Transportation Coordination Program 

Brooks Landing Transportation Improvements 

and Enhancement project, Rochester 

Construct CR 538 Coles Mill Road Bridge over 

Scotland Run, Gloucester County 

Convert discontinuous 2-way frontage roads to 
continuous one-way frontage roads on IH 30 

in Texarkana, TX 

Regional bicycle routes on existing highways 

in Austin. TX 

Construct Interchange at 1-65 and 109th Ave- 
nue, Crown Point 

Intersection improvement at Harris Drive at 
SR42 



$800,000 

$4,400,000 

$5,200,000 

$54,400 

$464,000 

$960,000 

$800,000 
$6,400,000 

$160,000 
$800,000 

$3,000,000 
$1,200,000 
$1,000,000 
$560,000 
$1,600,000 

$8,000,000 

$1,600,000 

$1,600,000 

$400,000 

$400,000 

$4,000,000 
$800,000 

$5,963,375 
$480,000 



188 



119 STAT. 1272 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority fVojects — Continued 



No. 



State 



Project Description 

I-IO £ind Indian Ave. Interchange, Palm 
Springs, CA 

Complete the Bay Trail along the western 
edge of the American Canyon Wetlands 
Edge Bay Trail 

Right-of-way for and construction of Pennsrrile 
Parkway Extension from 41A S. to 1-24 

Sevier County, Tennessee SR 66 widening 

Plem and construct interchange improvements, 
1-65 at Highland Road 

Reconstruction of NW Madrid Drive, Polk Co .. 

Relocation and Reconstruction of intersection 
at Route 103 and North Street in Claremont 

To construct a new 2-lane road extending 1650 
feet north from intersection with University 
Park Drive, Edwardsville 

Town of Highlands reconstruction of bridge on 
School Street 

Unaleiska, AK Construction of AMHW ferry 
terminal including approach, staging, and 
upland improvements 

Design and construct interchange and related 
improvements to 1—83 Exit 4 

Great Allegheny Passage, Allegany County, 
MD. Construction of 5 miles of trail from 
Cumberland to Wharf Branch 

Northwestern Highway Extension projects in 
Oakland County 

PA Route 61 safety improvements, Leesport 
Borough and Ontelaunee and Muhlenburg 
Townships 

Improve Rt. 62 (Main and Town Streets) 
Bridges over Scioto River, Columbus 

Planning, design, and construction of a bridge 
joining the Island of Gravina to the Commu- 
nity of Ketchikan 

U.S. Trunk Highway 14 from Waseca to 
Owatonna, Minnesota 

Construct Mission Trails Project Packages 4 
and 5 in San Antonio 

Upgrade Roads in Carthage, Leake County 

Construct access road at intersection of Doerr 
Road and Schell Street to Develop 65-Acre of 
Municipal Tract of Industrial Land. Village 
of Cass City, Tuscola County 

Upgrade roads in Himiphreys County Districts 
1 and 5 and Isola 

126th Street Project, Town of Fishers, Indiana 

Construct Puaneuko Street 

Burro Creek section between Wikieup and the 
Santa Maria River 

Conduct Environmental Impact Statement 
study for Parkway West corridor 

Build Railroad Avenue Extension in Berkeley 
County, SC— SCDOT 

Construct a visitors center and related roads 
serving Fort McHenry 



Amount 



391 
392 

393 

394 
395 

396 
397 

398 



411 



CA 
CA 

KY 

TN 
TN 

lA 
NH 

IL 



399 


NY 


400 


AK 


401 


PA 


402 


MD 


403 


MI 


404 


PA 


405 


OH 


406 


AK 


407 


MN 


408 


TX 


409 


MS 


410 


MI 



MS 



412 


IN 


413 


HI 


414 


AZ 


415 


PA 


416 


SC 


417 


MD 



$2,200,000 



$800,000 

$2,560,000 
$1,400,000 

$320,000 
$800,000 

$1,040,000 



$400,000 
$180,000 

$7,500,000 
$2,800,000 

$1,600,000 
$7,280,000 

$2,400,000 
$5,200,000 

$100,000,000 

$3,315,200 

$3,820,000 
$160,000 

$20,800 

$680,000 

$1,000,000 

$800,000 

$800,000 

$800,000 

$1,600,000 

$3,760,000 



189 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1273 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



418 

419 

420 

421 

422 

.423 

424 

426 

426 

427 

428 



-^429 
430 


CA 
CA 


431 
432 
433 


MA 

LA 
IN 


434 


FL 


435 


lA 


436 


NY 


437 


MN 


438 


IL 


439 


NE 



440 



441 

442 
443 



444 

445 
446 



OH 

MI 

CA 

TN 

TX 

WV 

NY 

PA 

VA 
CA 

MA 



MO 



SC 

IN 

NY 



NJ 

GA 
AK 



Construction of Gracemont Street Exchange 
Interstate 77 — Bethlehem Township and 

Pike Township, Ohio 

Design, Right-of-Way and Construction of the 
1-196 Chicago Drive (Baldwin Street) Inter- 
change Modification, Michigan 

Folsom Blvd. Transportation Enhancements, 

City of Rancho Cordova 

improve streetscape and pavement repair, 

Monroe County, TN 

IH37 fix)ntage roads in Mathis 

Construct New River Parkway 

Construct sidewalk and improvements on 

Broadway in the Town of Cortlandt 

Erie, PA Powell Avenue Bridge Replacement, 

Asbury Road Improvement Project 

Liberty Street Construction in Martinsville, 

Virginia 

Implement streetscape project on Central Ave- 
nue from 103rd Street to Watts/103rd Street 

Station, Watts 

Realignments and reconstruction of a section 
of Route 32 in Palmer to the Ware town line 

Seismic retrofit of the Golden Gate Bridge 

Upgrade and extend Commerce Avenue, City 

of Concord 

Somerville Roadway Improvements 

Replace Almonaster Bridge, New Orleans 

Upgrade Traffic Signals Phase HI in the City 

of Muncie, Indiana 

Sharpes Ferry Bridge replacement in Marion 

Coimty 

U.S. 34 Missouri River bridge relocation and 

replacement 

Village of Highland Falls repaving and side- 
walk construction of Oak Avenue 

Interchange Reconstruction at CSAH 4 and 

U.S. 169 

Development and construction of an inter- 
change at Brisbin Rd. and Interstate 80 

Design, right-of-way and construction of rail- 
grade separations throughout Nebraska as 

identified by Nebraska Dept. of Roads 

Redesign and Reconstruction of the 1-270 
Dorsett Road Interchange Complex in the 

City of Maryland Heights 

Bvtild Berlin Myers Extension in Summerville, 

SC 

Improve 100 South, Porter County 

Improve safety measures at the railroad grade 
crossings on the West Short River Line, 

Rockland County 

Street Improvements and Traffic Signal Re- 
placement in Union City Central Business 

District 

Streetscape project to replace sidewalks in 

downtown Forsyth 

Westside development Williamsport-Pile Bay 
Road I 



$2,400,000 

$15,480,000 

$5,600,000 

$240,000 
$1,600,000 
$3,600,000 

$264,000 

$3,200,000 

$236,800 

$3,200,000 

$2,560,000 
$8,800,000 

$1,600,000 

$2,300,000 

$400,000 

$512,000 

$2,240,000 

$2,000,000 

$120,000 

$800,000 

$4,800,000 

$12,000,000 

$1,600,000 

$6,400,000 
$800,000 

$1,280,000 

$640,000 

$300,000 

$5,000,000 



190 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1275 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

To widen Western Reserve Road from SR 7 to 
Hitchcock Road, Mahoning Co 

Binghamton, Improve Front Street 

U.S. Highway 19 Bayside Segment 

Arenac County, Upgrade Maple Ridge Road 
from Briggs Road east to M-65 

Village of Highland Falls repaving and side- 
walk construction of Meams Ave 

Village of Nelsonville improvements, paving 
and sidewalk installation to North Pearl St., 
Crown St., Pine St., and Wood Ave 

Widen Firestone Blvd. between Ryerson Blvd. 
and Stewart and Gray Road in Downey 

Construct Air Cargo Access Road to Oakland 
International Airport 

Peer review study of conflicts between road 
system and li^t rail operations in Lin- 
thicum, MD 

Resurface and widen Jac-Art Road as part of 
the Bleckley County Development Authority 
project 

Construction of Viriginia Blue Ridge Trail in 
Amherst County, VA 

Implement NE 6th Street/Sistrunk Boulevard 
Streetscape and Enhancement Project, City 
of Fort Lauderdale 

Widen Lakewood Blvd. between Telegraph Rd. 
and Fifth St. in Downey 

Widen Motor Street thoroughfare in Dallas to 
improve accessibility to Southwestern Med- 
ical District 

Construction of Gitchi-Gami State Trail, 
Lutsen Phase, CR 34 to Lockport store 

Widen of SR 309 through the Borough of 
Coopersburg to create left-turn lanes and 
complete the Rt. 309 Corridor Improvement 
Project 

Pasadena Ave/Monterey Rd. Partial Grade 
Separation — Preliminary Engineering — ^Fea- 
sibility, South Pasadena 

Intermodal Bikeway, Independence 

Widen shoulder and resurface U.S. 136 and re- 
place 2 deficient bridges between Rock Port 
and Bethany, Missouri 

SR 43 (U.S.3G1) Improvement Project— 
Ellentown to Parrish, Florida 

Bike and pedestrian paths and other transpor- 
tation enhancements at Georgia Veterans 
Memorial Park 

Citywide pavement rehabilitation in City of 
North Pole 

Replace and upgrade sidewalks, Glenwood 

Reconstruction of Leeman Road from County 
Road 581 west 7 miles to Lerza Road, Dick- 
inson County 

Widen SR 133 from Spence Field to SR 35 in 
Colquitt County, Georgia 

Mariposa County, CA Improve 16 roads, 
bridge and one bike path 



Amount 



473 



OH 



474 
475 
476 


NY 
FL 
MI 


477 


NY 


478 


NY 


479 


CA 


480 


CA 


481 


MD 



482 



GA 



^483 


VA 


484 


FL 


485 


CA 


486 


TX 


487 


MN 


488 


PA 


489 


CA 


490 
491 


OH 
MO 


492 


FL 


493 


GA 


494 


AK 


495 
496 


GA 

MI 


497 


GA 


498 


CA 



$2,000,000 
$4,000,000 
$1,600,000 

$1,316,800 

$180,000 

$200,000 

$1,600,000 

$720,000 

$80,000 

$200,000 
$240,000 

$800,000 
$1,600,000 

$4,400,000 
$500,000 

$2,400,000 



$240,000 
$2,000,000 



$2,400,000 
$3,200,000 

$640,000 

$1,000,000 
$50,000 

$1,200,000 

$800,000 

$2,800,000 



191 



119 STAT. 1276 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



499 
500 
501 
502 
503 
504 

505 



LA 
PA 

TN 
MI 
TX 
WA 

NY 



506 


MI 


507 


CT 


508 


OR 


.509 


CA 


510 

511 


IL 
CA 


512 


OR 


513 


VA 


514 


IL 


515 


NJ 


516 
517 
518 


GA 
CA 
CA 


519 


NJ 


520 


WA 


521 


WA 


522 


FL 


523 


NY 


524 


NY 


525 


CA 



Upgrade highway-rail crossings at Madison 
Street, City of Gretna 

Two-lane Extension of Brifitol Road, Bucks 
County 

Widen SR 30 From Athens to Etowah, Ten- 



Road 



nessee 

Iosco County, Reconstruct Bissonette 
from Lorenz Road to Chambers Road 

Development of one-story 300-vehicle parking 
facility 

Design and construct improved 1-182 inter- 
change ramps at Broadmoor Blvd. in Pasco, 
WA 

Erie Canalway National Heritage Corridor in 
Lockport, NY — Transportation Enhance- 
ments 

M-6 Paul Henry Freeway trail design and 
construction 

Reconstruction and conversion of Union Sta- 
tion in North Canaan to establish a trans- 
portation museum 

Construct passing lanes on U.S. 199, Jose- 
phine County 

Scenic preservation and run-off mitigation in 
the Santa Monica Mountains National 
Recreation Area near PCH and U.S. 101 

South Shore Drive and 67th Underpass 

Mission Boulevard/State Route 71 Inter- 
change — Corridor Improvements 

For purchase of right-of-way, planning, design, 
and construction of a highway, Newberg 

Smith River Trail — Construction of trail along 
Smith River in Henry County 

Resurface Clifton Park Ave. and S. Louis Ave., 
Village of Evergreen 

University Heights Connector for improve- 
ments to First Street in Newark from Sus- 
sex Street to West Market Street 

Broad Avenue Bridge: Albany 

Carlsbad, CA Construction of Poinsettia Lane 

Construct pedestrian enhancements on Broad- 
way in Los Angeles 

Construct Rt. 56 Maurice River Bridge Re- 
placement, Salem and Cumberland Counties 

Conduct route analysis for community path- 
way through Chehalis 

Construct a multi-jurisdictional non-motorized 
transportation project parallel to SR 99 
called the Interurban Trail 

Construct Downtown Bypass Roadway Con- 
nector, Lake Mary, Florida 

To study, design, and construct the Brooklyn 
Wateifront Greenway in Red Hook, 
Greenpoint, and the Navy Yard in Brooklyn 

Update all county and town traiBc signage in 
Wayne County, NY 

Construct Route 101 Auxiliary Lanes 3rd Ave. 
in the City of San Mateo to Millbrae Ave. in 
Millbrae 



$160,000 
$1,600,000 
$4,606,400 

$258,000 
$1,200,000 

$1,600,000 

$2,600,000 
$2,224,000 

$1,364,000 
$1,827,000 

$1,200,000 
$1,040,000 

$3,360,000 

$8,545,600 

$400,000 

$320,000 

$509,600 

$400,000 

$1,600,000 

$2,000,000 

$1,600,000 

$50,000 

$1,600,000 
$400,000 

$6,600,000 
$220,000 

$3,000,000 



192 



119 STAT. 1288 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



PVoject Description 

A new interchange with the Hneda Causeway 
Extension and 1-95 

Make Improvements to Groton Bicycle and Pe- 
destrian Trails and Facilities 

TH 36 — Stillwater Bridge; cut-and-cover ap- 
proach to river crossing 

U.S. 54 Reconstruction, Tularosa to Santa 
Rosa 

Daniel Boone Wilderness Trail Corridor — ^Ac- 
quire site; design and construction of inter- 
pretative center, enhancement of trail cor- 
ridor 

Widening of M-24 from two lanes to four lanes 
with a boulevard from 1-69 to the county 
line 

Construct U.S. 231 in Spencer and Dubois 
Counties in Indiana 

Construct overpass at Highway 321 and High- 
way 11 Loudon County, Tennessee 

Improve the SD Advanced Traveler Informa- 
tion System 

Streetscape, lighting, and traffic enhance- 
ments from Lancaster to Church Street on 
Bellevue, Dublin 

Implement ITS system and apparatus to en- 
hance citywide truck route system on Ave- 
nue P between Coney Island Avenue and 
Ocean Avenue in the 9th District of New 
York 

Install sidewalks, trails, lighting, and amen- 
ities in Balls Ferry Park, Wilkinson County 

Construct Inland Empire Transportation Man- 
agement Center in Fontana to better regu- 
late traffic and dispatch personnel to inci- 
dents 

Reconstruct Milwaukee Avenue, including Six 
Comers 

Implementation and quantification of benefits 
of large-scale landscaping along freeways 
and interchanges in the Houston region 

Design, engineering, ROW acquisition, and 
construction of a connector road between PA 
115 and Interstate 81 in Luzerne County 

Pedestrian Improvements for Homewood, AL .. 

Plan and construct a bicycle and pedestrian 
trail, Gallatin 

Conduct design, feasibility and environmental 
impact studies of proposal to relocate New 
Bedford/Fairhaven bridge 

Iowa City, lA Construction of arterial exten- 
sion project connecting Coralville to west 
and south Iowa City 

Rehabilitate Route 139 in Jersey City — 
Portway 

Route 605 extension to U.S. 206 

Widen SR 170 Calcutta 

Widening of Hwy 44, Grimes 

Widening of Highway 15 in Farmville, Vir- 
ginia 

* * * 



Amount 



811 


FL 


812 


CT 


813 


MN 


814 


NM 


815 


VA 



816 

817 
818 
819 
820 

821 



822 


GA 


823 


CA 


824 


XL 


825 


TX 



826 

827 
828 

— >829 
830 

831 

832 
833 
834 
835 



MI 

IN 
TN 
SD 
GA 

NY 



PA 



AL 

TN 

MA 



lA 



NJ 

NJ 
OH 
lA 
VA 



$10,400,000 

$160,000 

$400,000 

$2,400,000 

$2,560,000 

$800,000 
$4,800,000 
$5,200,000 

$800,000 

$500,000 

$100,000 
$1,000,000 

$1,200,000 
$13,600,000 

$22,796,800 



$200,000 
$320,000 

$532,000 



$1,400,000 



$2,000,000 

$1,600,000 
$800,000 

$2,000,000 
$800,000 

$1,349,760 



193 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1291 



Highway Projects 
High Priority Projects — Continued 



No. 



Amount 



888 



891 
— > 892 



893 
894 



895 
896 

897 



907 

908 
909 

910 

911 

912 



913 
914 



NY 



CO 
MA 



CA 
PA 



TX 
HI 



MI 
CA 

OH 



898 


MO 


899 


WA 


900 


KY 


901 


NY 


902 


FL 


903 


MI 


904 


NV 


905 


NY 


906 


NY 



TX 

FL 

NE 

KY 
OH 
IL 



IL 
ID 



Transportation Enhancements to support de- 
velopment of Erie Canal in Orleans County, 

NY 

U.S. 160, East of Wolf Creek Pass 

Design, engineering, and construction at 1—93 
The Junction Interchange, Andover, 

Tewksbury and Wilmington 

Rosemead Boulevard/Highway 19 Renovation 

Project, Pico Rivera 

Intersection improvements at PA Route 209 
and Water Company Road, construction of a 
bridge and access enhancements to Nature 
and Arts Center, Upper Paxton Township .... 
Improvements to FM 1979 in Caldwell County 
Interstate Route H 1 guard rail and shoulder 
improvements, Waikele Bridge to Airport 

Interchange, Honolulu 

M— 168 Reconstruction in the village of Elberta 
Colima Road at FuUerton Road Intersection 

Improvements 

Design and construct Youngstown State Uni- 
versity Roadway and Pedestrian Safety Im- 
provements, Youngstown 

Reconstruct Interstate 44 and Highway 39 

Interchange 

Complete final Columbia River crossing Envi- 
ronmental Impact Statement for SR 35 in 

Klickitat County 

Reconstruct U.S. 127 at Bellows Road, Mercer 

County 

Roadway and Pedestrian Improvements for 

Times and Dufiy Squares in New York City 
Six lane expansion of State Road 200 (AlA) 

from Interstate 95 east to Amelia Island 

Widen and reconstruct Tienken Road in Roch- 
ester Hills from Livemois to Sheldon 

Design and Construct 1-580 Meadowood Com- 
plex Improvements, Washoe County 

Town of Chester reconstruction of 13 inde- 
pendent town roads 

Implement ITS system and apparatus to en- 
hance citywide truck route system at 9th 
Street and 3rd Avenue intersection in Kings 

County 

Construction of highway infrastructure to pro- 
vide flood protection for Nueces County 

Widen State Road 80, Hendry County 

Construction of the Columbus, Nebraska 

North Arterial Road 

Extension of Newtown Pike from West Main 

Street to South Limestone Street, Lexington 

Road construction and related improvements 

in ttie Vaiage of Gates Mills, OH 

Widening and Reconstruction of 55th Street 
from Holmes Avenue to Williams Street in 

Westmont and Clarendon Hills 

Road upgrades for the Village of Oreana, IL .... 

Widen .^jnity Road from Chestnut Street to 

Robinson Road in Nampa, Idaho 



$240,000 
$12,000,000 



$2,200,000 
$80,000 



$600,000 
$240,000 



$3,040,000 
$1,760,000 

$800,000 



$2,100,000 
$4,000,000 

$640,000 

$480,000 

$3,200,000 

$3,200,000 

$10,800,000 

$1,600,000 

$160,000 

$100,000 

$800,000 
$2,800,000 

$3,600,000 

$16,000,000 

$400,000 



$1,200,000 
$707,200 

$1,600,000 



194 



119 STAT. 1292 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Widening FM 60 (University Drive) from SH 6 
to FM 158, College Station 

Widening Cedarcrest Road from Paulding 
County line to Governors Towne 

Widening Avenue 416 in Dinuba California 

Infrastructure Improvements in the Gardner- 
Kilby-Hammond Area, Worcester 

Extend Munn Street from Demaree Ln. to 
Gellhom Drive 

City of Moorhead SE Main GSI, 34th St. and 
1—94 Interchange and Moorhead Comprehen- 
sive Rail Safety Program 

Widening and safety improvements to SR 216 
between SR 215 and 1-59, 1-20 

The Carrollton Greenbelt Project, City of 
CarroUton, Georgia 

Improve safety of culvert replacement on 
250th Rd. between 460th St. and County 
Hwy 20 in Grandview Township, Edgar 
County, IL 

Kingston, Improve uptown streets 

Replace Blair Creek Bridge over the Little Le- 
high Creek, just west of the Maple Grove 
Bridge, in Longswamp Township, Berks 
County 

Construct highway connecting State Route 78/ 
86 and State Route 111, Brawley 

Widening and improvements on Colerain Road 
in St. Marys, Georgia 

Implement Pedestrian and Roadway Improve- 
ments Contained in the Druid Hill Park 
Neighborhood Access Program in Baltimore 

Kabba Wash project between 1—40 and 
Wildeup 

Route 2 Improvements from Bethel to Gilead .. 

Widening and Improvements for 1-75 in Col- 
lier and Lee County 

Widening 349 Dawson and Martin Coimty 

Widen Wisconsin State Highway 64 between 
Houlton and New Richmond 

Widen Wheeling Avenue from Centennial to 
McGalliard Road in the City of Muncie, In- 
diana 

Consteiict a bike trail along the north side of 
TH 11 to the Voyageurs National Park Vis- 
itor Center on Black Bay of Rainy Lake 

Construct pedestrian underpass and safety im- 
provements at SR AlA and Castillo Drive, 
City of St. Augustine 

Rehabilitate street surfaces in Sherman Oaks 

Repair and realignment of Brahma Drive and 
Winnetka Ave 

Riverwalk in Millbum along the West Branch 
of the Rahway River 

1-20 widening and safety improvements in St. 
Clair Coimty 

Plan and construct Rutherford County visitor's 
center/Transportation information hub 

r * * * 



Amount 



915 
916 

917 

918 

919 
920 

921 
922 
923 



924 
925 



926 
927 
928 

929 

930 
931 

932 
933 

934 

--^935 

936 

937 
938 

939 

940 

941 

* 



TX 
GA 

CA 

MA 

TX 

MN 



AL 



GA 



IL 



NY 
PA 



CA 



GA 



MD 



AZ 

ME 
FL 

TX 
WI 

IN 



MN 



FL 



CA 

CA 

NJ 
AL 

TN 



$2,400,000 

$2,520,000 
$1,200,000 

$600,000 

$800,000 

$2,400,000 

$1,813,333 

$280,000 



$256,000 
$1,040,000 



$1,280,000 

$7,600,000 

$800,000 

$1,600,000 

$1,600,000 
$1,000,000 

$21,600,000 
$1,600,000 

$3,200,000 

$768,000 

$540,000 

$1,280,000 
$99,200 

$240,000 

$600,000 

$4,000,000 

$400,000 



* 



195 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1295 



Highway Projects 
High P*riority Projects — Continued 



No. 



State 



Project Description 



Amount 



992 TX 



993 



994 
995 

996 



997 
998 

999 

1000 

-^1001 

1002 

1003 

1004 

1005 

1006 

1007 

1008 

-^1009 
1010 

1011 
1012 
1013 
1014 
1015 

1016 

1017 

1018 
1019 



TX 

SC 
PA 

Ml 
PA 

MA 
TX 
MS 
TX 

TX 

TN 

NE 

WA 

TN 

OH 

MD 
OK 

NC 
PA 
TX 
KY 

MN 

WI 

IL 

IL 
IL 



Construct a pedestrian/bicycle trtiil in the Sun- 

nyside area of Houston $750,000 

Construct remaining 800-foot 4-lane divided 
thoroughfare for Preston Rd. segment be- 
tween Beltway 8 and Genoa Red Bluff Rd .... $928,000 

$0 
Medical University of South Carolina Roadway 

Enhancement $3,200,000 

Acquisition of adjcicent property to planned 
Park-n-Ride at Kressler and Hamilton Bou- 
levards in Wescosville, PA $2,000,000 

Livonia, reconstruct Stark Rd. between Plym 

outh Rd. and 1-96 $800,000 

PA Route 309 roadway construction and sig- 
nalization improvements in Tamaqua Bor- 
ough $1,600,000 

Union Square Roadway and Streetscape Im 

provements $400,000 

Improvements to South McCoII Road in Hi- 
dalgo County $1,920,000 

Widen U.S. Highway 61 and imjirove major 

intersections, Natchez $3,040,000 

Widen U.S. 82 from 2-lane facility to 4-lane fa- 
cility from FM 1417 in Sherman, TX to U.S. 

69 in Bells, TX $3,600,000 

Widen U.S. 79, from FM 1512 near Jewett to 

IH-^5 to a 4-lane divided highway $1,600,000 

Construct shoulder and turn lane on SR 35 in 

Seymour, Tennessee $1,200,000 

Construction of Heartland Expressway be- 
tween Alliance and Minatare, NE $6,000,000 

Pedestrian Sidewalk Construction in Snoho- 
mish $140,000 

North Second Street Corridor Upgrade, Mem- 
phis $1,600,000 

Purchase High Speed Ferries for Black River 

Excursion Boat Service, Lorain $600,000 

MD4 at Suitland Parkway $3,200,000 

Widen U.S. 60 from approxinmtely 2 miles 
east of the U.S. 60/US 75 interchange east 

approximately 5.5 miles $1,600,000 

Widen U.S. 401 frt)m Wake County to 

Lomsburg $2,400,000 

CUPSS, Pennsylvania, Urban Maglev Dem- 
onstration Test Project $4,000,000 

Widen U.S. 287 Bypass at Ennis from two to 

four lanes $6,400,000 

Widen U.S. 27 from PCY 34 to U.S. 150 Bypass, 

Garrard County and Lincoln County $1,600,000 

Right-of-way acquisition for Mississippi River 
Bridge connecting 1-94 and U.S. 10 between 

U.S. 169 and TH 101 $800,000 

Rehabilitate Hi^way 53 between Chippewa 

Falls and New Auburn $3,200,000 

Widen U.S. Route 67 from Macomb to Illinois 

101 $1,600,000 

Widen U.S. Route 51 from Pana to Vandalia ... $2,400,000 

Widen U.S. Route 34 from U.S. 67 to Carmen 

Road $3,200,000 

***** 



196 



119 STAT. 1304 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



IVoject Description 



Amount 



-> 1214 



1215 

1216 
1217 



1218 

1219 
1220 
1221 

1222 



1235 



CA 



NY 



IL 



CA 

TX 

UT 
NJ 

GA 



1223 


PA 


1224 


GA 


1225 
1226 


FL 
MD 


1227 


OH 


1228 


CA 


— > 1229 


PA 


1230 


CA 


1231 


ME 


1232 


KY 


1233 
1234 


NJ 

NY 



WA 



1236 


OK 


1237 


CA 


1238 


SC 


1239 


CA 



Golden Gate National Parks Conservancy — 
Plan and Implement Trails and Bikeways 
Plan for the Golden Gate National Recre- 
ation Area and Presidio 

State of NY Village of Kiryas Joel sidewalk 
project 



Transportation Enhancement and road im- 
provements necessary for Downtown Plaza 
improvements in Jacksonville, IL 

Upgrade and reconstruct I-580A^asco Road 
Interchange, City of Livermore 

Build Bike Trail at Chacon Creek in Laredo .... 

3200 South Project. Nibley, Utah 

Expand Route 440 — State Street Interchange 
in Perth Amboy 

Improvement and construction of SR 40 from 
east of St. Marys cutoff at mile post 5.0, 
Charlton County to County Route 61, Cam- 
den County, Georgia 

Erie, PA Regional upgrades to urban-rural cor- 
ridors 

Georgia Construct Three Greenway Trail 
Project, Dekalb County 

Cross Creek Boulevard Widening 

Implement Intelligent Treinsportation System 
in Baltimore 

C<onstruct an access road into the industrial 
park near SR 209 and CR 345 in Guernsey 
County 

Improve the Rosecrans Ave. £md Alondra Blvd. 
bridges over the San Gabriel River in Bell- 
flower 

Independence National Historic Park scenic 
enhancement and pedestrian walkways im- 
provement project in conjunction with the 
park's Executive Mansion Exhibit 

Modesto, Riverbank and Oakdale, CA Improve 
SR 219 to 4-lanes 

Modifications to Exit 7/1-295 and to Franklin 
Arterial, Portland 

Replace Bridge and Approaches on Searcy 
School Road over Beaver Creek, Anderson 
County 

Route 22 Sustainable Corridor Plan 

Conduct studies, if necessary, and construct 
the High Line Trail Project, New York City 

Install dual left turn lanes and intersection 
signal modifications at SR 432 and Colum- 
bia Blvd 

Transportaion enhancements for Highway 19 
from Ada to Stratford 

I-15/Base Line Road Interchange Project, Ran- 
cho Cucamonga, California 

Build Interchange at U.S. 17 and Bowman 
Road in Mount Pleasant, SC 

Complete Monterey Bay Sanctuary Scenic 
Trail between Monterey and Santa Cruz 
counties 



$5,000,000 

$600,000 
$0 



$762,058 

$2,000,000 

$3,300,000 

$800,000 

$4,000,000 



$800,000 

$1,280,000 

$1,600,000 
$1,440,000 

$1,120,000 

$800,000 

$40,000 

$3,600,000 

$1,600,000 

$180,000 



$700,000 
$2,400,000 

$4,000,000 



$1,750,000 
$2,400,000 
$4,000,000 
$4,800,000 

$5,800,000 



197 



119 STAT. 1308 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



1325 
-^1326 



OH 

MA 



1338 


VA 


-^1339 


IL 


1340 
1341 


AR 
FL 


1342 


CA 


1343 


OH 


1344 


CT 


1345 


MI 


1346 


IN 


1347 


OR 



1327 


TN 


1328 
1329 


NJ 
MO 


1330 


MN 


1331 


KY 


1332 


LA 


1333 


AL 


1334 


MD 


1335 


CA 


1336 


PA 


1337 


MN 



North Canton, OH Applegrove St. road wid- 
ening 

Design and Build Cape Cod Bike Trail, with 
Shining Sea Bikeway, to link core with outer 
Cape communities and heavily visited na- 
tional sites 

Plan and construct N. Tennessee Boulevard 
enhancements 

Quinn Road realignment, Clifton 

Reconstruct Interstate 44 and Highway 65 
Interchange 

Reconstruct TH 61 from Split Rock River to 
Silver Bay including construction of the 
Gitchi Gami Spur Trail between the main 
trail and Silver Bay Marina along the TH 61 
roadway segment 

Reconstruction of KY 259 in Edmonson Coun- 
ty from Green River Bridge at Brownsville 
to Kyrock Elementary School 

Construction of a turn lane expansion along 
with signalization at the north bovmd ofiF 
ramp on 1—49, at the intersection of U.S. 190 

Expand SR 210 (Ross Clark Circle) from U.S. 
231 North to U.S. 231 South in Dothan, AL 

Construct interchange at MD Route 355 at 
Montrose and Randolph Roads in Mont- 
gomery County 

Construct new interchange and related road 
improvements on U.S. 101 near Airport 
Blvd., Salinas 

Construct the French Creek Parkway in 
Phoenixville, PA 

Capacity and safety improvements to TH 8. 
west of 306th St. to eastern city limits, 
Lindstrom 

Eastern Seaboard Intermodal Trzuisportation 
Applications Center (ESITAC) in Hampton 
Roads 

Construct underpass at intersection of Damen/ 
Fullerton/Elston Avenues, Chicago 

Highway 165: Railroad Overpass 

Implement Snake Road {BIA Route 1281) Wid- 
ening and Improvements 

Construction of new freeway between 1-15 and 
U.S. 395, including new interchange at 1-15 

Lake Township, Ohio. Market Avenue-Lake 
Center intersections improvement 

Construct Quinnipiac Linear Trail, Walling- 
ford 

Construction of a hike and bike path from 
Riverbends Park, 22 Mile Road, to Stony 
Creek Park, 25 Mile Road in Shelby Town- 
ship 

Reconstruct Boston Street, from State Road 2 
to Bach St., Larson- Whirl pool St. in 
LaPorte, Indiana 

Improvements to Bandon-Charleston State 
Scenic Tour on Randolph Road and North 
Bank Lane 



$2,400,000 



$3,200,000 

$400,000 
$2,400,000 

$13,040,000 



$9,664,000 

$1,200,000 

$400,000 
$3,200,000 

$1,600,000 

$1,936,000 
$4,000,000 

$5,760,000 

$1,200,000 

$4,400,000 
$1,600,000 

$800,000 
$4,000,000 
$1,760,000 

$800,000 

$400,000 

$600,000 

$4,200,000 



198 



119 STAT. 1310 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



1375 
1376 
1377 

1378 

1379 
1380 



1381 
1382 

1383 



^1397 

1398 
1399 

* 



IL 
GA 

MD 

IL 

PA 
LA 



IN 

NY 

VT 



1384 


OH 


1385 


GA 


1386 


NJ 


1387 


CA 


1388 


CA 


1389 


SC 


1390 


CA 


1391 


IL 


1392 


WA 


1393 


NY 


1394 


MI 


1395 
1396 


IN 



NY 

OH 

NM 



Construct Streetscape Project, Village of Rob- 
bins 

Effingham Parkway to Connect SR 119 to SR 
30 

Construct Phase 2 of the Jones Falls Trail 
from Baltimore Penn Station to the Mary- 
Isuid Science Center on the Inner Harbor 

For Will County for engineering and right-of- 
way acquisition to extend 95th Street from 
Plainfield-Naperville Road east to Boughton 
Road 

Construct Valley Business Park Access Road 
C, Bradford County 

Improve by widening, realigning, and resur- 
facing 3.2 miles of LA Hwy 820 btwn LA 
Hwy 145 and LA Hwy 821 

45th Street Improvements, Munster 

Install Improvements for Pedestrian Safety in- 
cluding in the vicinity of PS K124 

Construction and engineering for the Vermont 
Smugglers Notch Scenic Highway Corridor 
Southern Gateway and Notch Proper Facili- 
ties 

Planning and construction of a network of rec- 
reational trails in Perry Township 

Construction of the Truman Linear Park 
Trail-Phase H 

Pedestrian and bicycle facilities, and street 
lighting in Haddon Heights/Barrington 

Reconstruct interchange at I-IO and Riverside 
Avenue to improve trjiffic in Rialto 

Reconstruct Bloomfield Ave. with medians 
from Carson St. to north city limits in Ha- 
waiian Gardens 

Extension of Wells Highway, Oconee County, 
South Carolina 

Reconstruct Paramount Blvd. with medians 
and improve drainage from Artesia Blvd. to 
Candlewood St. in Long Beach 

Reconstruction of 5th Street Road (FAS 569) 
in Logan County, IL 

Reconstruction of SR 99 (Aurora Ave. N) be- 
tween N 145th St. and N 205th St 

Page Green — Phase HI — Reconstruction of 2.6 
miles. Town of Virgil, Cortland County 

(jk)gebic County, Reconstruct Lake Road in 
Ironwood from Margaret Street to Airport 
Road 

Redevelop and Complete the Cardinal Green- 
way and Starr-Gennett Area in the City of 
Richmond, Indiana 

Rehabilitate zmd redesign Erie Canal Museimi 
in Syracuse, NY through the Erie Canalway 
National Heritage Corridor Commission 

Construction of 6.25 mile bicycle project in 
Mahoning County 

I— 40/Munoz Reconstruction in the City of Gal- 
lup 



$640,000 
$3,200,000 

$3,200,000 

$400,000 
$2,160,000 



$2,400,000 
$400,000 

$250,000 



$868,411 
$760,000 

$1,008,000 
$600,000 

$1,600,000 

$320,000 
$1,600,000 

$480,000 

$762,056 

$1,600,000 

$2,880,000 



$644,000 
$0 



$2,400,000 

$400,000 

$400,000 

$1,200,000 



199 



119 STAT. 1314 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway PVojects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



1480 
1481 

1482 
1483 
1484 
1485 
— J>1486 

1487 
1488 

1489 

1490 

1491 
1492 

1493 

1494 
1495 



NY 
CA 

MS 
LA 
GA 
AL 
PA 



FL 
SD 



IL 

OK 

GA 
CT 

NM 

NJ 
OR 



1496 
1497 


FL 


1498 


NY 


1499 


TX 


1500 


NY 


1501 


MN 


1502 


GA 


1503 


VT 


1504 


NY 


1505 


NY 


1506 


MI 



Paul Road — Fisher Road Improvements, Town 
of Chili, Monroe County $4,000,000 

Construct truck lane on Keystone Road from 
State Route 111 to Austin Road, Imperial 
County $2,000,000 

Construct East Metropolitan Corridor linking 
1-20 at Brandon to Hwy 25 at Flowood $4,960,000 

Leeville Bridge, Port Fourchon to Golden 
Meadow $4,000,000 

National Infantry Museum Transportation 
Network $2,400,000 

Interchange at 1-65 and Limestone County 
Road 24 Constuction $800,000 

Project to reeilign intersection of King of Prus- 
sia Road and Upper Gulph Road to provide 
turning lanes and signalization $1,319,200 

Widen State Road 80, Hendry County $800,000 

Construction of 4-lane highway on U.S. 79 be- 
tween Maverick Junction, and the Nebraska 
border $6,400,000 

130th jmd Torrance Avenue Intersection Im- 
provement, Chicago $7,200,000 

Improvements to Hereford Lane and US69 
Interchange, McAlester $800,000 

Athens-Clarke County Bike Trail Project $1,120,000 

Construct UCONN Storrs Campus-Hillside 
Road $1,600,000 

1-25, Tramway North to Bernalillo, Recon- 
struction $2,800,000 

Planning for Liberty Corridor $400,000 

Sellwood Bridge Replacement-Multnomah 
County $2,000,000 

$0 

Englewood Interstate Connector in Sarasota 
County, Florida $2,400,000 

Elevate and construct drainage improvements 
to Beach Road, Canal Road, and Sea Breeze 
Road in Massapequa, New York $2,400,000 

Design and construction streetscape improve- 
ments in Midtown, enhance pedestrian ac- 
cess $800,000 

Replace sidewalk along Route 9A in Hamlet of 
Montrose, Town of Cortlandt $264,000 

Construction and widening of TH 241 in the 
City of St. Michael, MN $1,600,000 

1-75 lanes from Aviation Boulevard to SR 54, 
Clayton County $1,200,000 

Construction and rehabilitation of the Cross 
Vermont Trail for the Cross Vermont Trail 
Association $1,108,800 

Construction of a new ramp from 9A South- 
bound to Taconic State Parkway South- 
bound, Westchester County $1,420,000 

Restore vehicular traffic to Main Street in 

Downtown Buffalo $4,000,000 

Construction of 5 lane concrete pavement with 
curb, gutter and sewer on Romeo Plank 
Road from M-59 to 23 Mile Road in Macomb 
Township I $8,000,000 



200 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1315 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Enhance road and transportation facilities in 
the vicinity of the Brooklyn Children's Mu- 
seum 

Construct and expand Northwest Illinois U.S. 
Rte 20 from Freeport to Galena, IL 

Construction of new roadway lighting on 
mtgor transportation corridors in the South- 
west San Fernando Valley 

Construct Interstate flyover at Hughes Road 
and Liberty Drive to 76th Street. Part of 
Liberty Parkway PVoject 

Freeway 180 Improvements Fresno 

Construct sidewalks and ciu'bs on Valley Road 
in Town of Bedford 

Construction of rail crossing in Claremore at 
Blue Star Drive and SH 66 

Improve U.S. Route 34 from Kewanee to 
Kentville Road 

For Naperville Township to fund improve- 
ments to North Aurora Road 

Kent — Construct a single point urban inter- 
change (SPUI) under 1-5 at South 272nd St 

Construct Interpretive Visitor Center for the 
Cherokee Removal Memorial Park Trail of 
Tears site in Meigs County, TN 

Create a greenway trail along the Oconee 
River connecting parks, preserving historic 
sites, and promoting economic development 

Design, engineering, ROW acquisition, and 
construction of streetscaping enhancements, 
paving, lighting, safety improvements, park- 
ing and roadway redesign in Dunmore Bor- 
ough, Lackawanna County 

Add turn leme, modify signals and install 
pavement markings at intersection of PA 
422 and PA 662 in Amity Township 

Construct bicycle/pedestrian path and facilities 
in the Central park area of Madison 

Expand Route 15 29 in Culpeper, Virginia 

Fairmont Gateway Connector System to pro- 
vide an improved highway link between 
downtown Fairmont and 1-79 in the vicinity 
of Fairmont 

Construct Barber Street extension, Wilsonville 

Four-laning SR 281 (Avalon Boulevard) in 
Santa Rosa County fivm Interstate 10 to 
north of CSX RR Bridge 

Interstate 5 Interchange at City of Coburg 

Construction of a bridge at Steams Road in 
Kane County, Illinois 

East 7th Street Improvements in Austin 

Rebuild SR 10 Memorial Drive for bicycle and 
pedestrian safety, from Mountain Drive to 
Goldsmith Road, Dekalb County 

Provide an alternative route for traffic passing 
though congested SR 31 corridor in 
Flemington, NJ 

* * * ie 



Amount 



1507 

1508 
1509 

1510 

1511 
1512 

1513 

1514 

1515 

1516 

-_^ 1517 

1518 

1519 



1520 



1521 



1530 



NY 

IL 
CA 

MO 

CA 

NY 

OK 
IL 
IL 
WA 
TN 

GA 

PA 



PA 



WI 



1522 


VA 


1523 


WV 


1524 


OR 


1525 


FL 


1526 


OR 


1527 


IL 


1528 


TX 


1529 


GA 



NJ 



$550,000 
$3,200,000 

$800,000 

$15,200,000 
$7,600,000 

$360,000 

$1,600,000 

$400,000 

$160,000 

$800,000 

$800,000 

$2,000,000 

$320,000 

$1,944,000 

$2,800,000 
$1,600,000 



$17,600,000 
$2,400,000 



$11,600,000 
$8,000,000 

$70,400,000 
$420,000 



$1,600,000 
$2,000,000 



201 



119 STAT. 1318 



PUBLIC LAW 109-59— AUG. 10, 2005 



Hi^way Projects 
High Priority Prorjects — Continued 



No. 



State 



Project Description 



Amount 



1584 



1585 
1586 

1587 



1588 

1589 
1590 



1591 
1592 

1593 
1594 

1595 



1609 



NY 



NY 
AL 

NJ 



PA 
CA 

OH 

NY 

WI 
NY 

NY 



1596 


IL 


1597 


AR 


1598 


IN 


-^ 1599 


RI 


1600 


TX 


1601 


CA 


1602 


IN 


1603 


NY 


1604 


MA 


1605 


OH 


1606 


GA 


1607 


OH 


1608 


CA 



CA 



Construction and rehabilitation of North and 
South Delaware Avenues in the Village of 
Lindenhurst, NY 

Study on esctending Rt. 5 to Auburn 

Expand U.S. 84 fhom Andalusia, AL to Enter- 
prise, AL 

Susse County, NJ, Safety and Operational Im- 
provements on Route 23 in Hardyston Town- 
ship and Franklin Borough 

State Street and Mulberry Street Bridge 
Lighting project, Harrisburg 

Interstate 15 and State Route 79 South Free- 
way Interchange and Ramp Improvement 
Project 

Road Improvements, streetscapes, and pedes- 
trian safety additions in Ashtabula Harbor .. 

Town of East Fishkill improvements to Robin- 
son Lane and Lake Walton Road at NYS 
Route 376 

Construct a bicycle/pedestrian path, Wisconsin 
DeUs 

Construct improvements in Sight Distance at 
Road Grade and Trail Crossings in Oneida 
and Herkimer Counties 

Repair Silver Mine Bridge in the Town of 
Lewisboro 

River walk Reconstruction, City of Chicago 

Rogers, Arkansas — Construct new interchange 
on 1-^40 near the existing Perry Road over- 
pass 

Design and construct Indiana Ohio River 
Bridges Project on 1-65 and 265 

Transportation Enhancements at Blackstone 
Valley Heritage Corridor 

Reconstruction of U.S. 79 from FM 1460 to 
Williamson County Roadl95 

Transportation enhancements to Children's 
Museum of Los Angeles 

Construct Shelby County Indiana Shelbyville 
Parkway 

Reconstruct the Niagara Street culvert/bridge 
which crosses over Two Mile Creek, City of 
Tonawanda 

Reconstruction of Main Street and Lebanon 
Street in Melrose _ 

Construct the existing IR 70 interchange at 
U.S. 40, SR 331 west of St. Clairsville 

Install traffic lights and pedestrian walkways 
on Highway 441 at Martin Luther King, Jr., 
Boulevard, Dublin 

Pike County, OH Fog Road Upgrade 

Project design, environmental assessment, and 
roadway construction of Lonestar Road from 
Alta Road to Enrico Fermi Drive San Diego 

County 

Project Study Reports for 1-105 and 1-405 
Interchanges at Los Angeles International 

Airport 

* * * jfc 



$696,000 
$120,000 

$2,400,000 



$3,440,000 

$4,000,000 
$0 



$1,600,000 
$800,000 

$400,000 
$1,600,000 

$160,000 

$120,000 
$480,000 

$5,000,000 

$16,000,000 

$400,000 

$1,600,000 
$960,000 
$400,000 

$320,000 

$560,000 

$9,700,000 



$500,000 
$960,000 



$400,000 
$320,000 



202 



119 STAT. 1320 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



1633 

1634 

1635 

1636 
1637 



CA 

FL 

NY 

NC 
IL 



1638 


SC 


1639 


CA 


1640 


CT 


1641 


AZ 


1642 


NJ 


1643 


MS 


1644 


OH 


'1645 


NY 


1646 


NY 


1647 


NC 


1648 


TX 


1649 


IL 


1650 


GA 


1651 


KY 


1652 


NC 


1653 


CA 


1654 


IL 


1655 


CA 


1656 


MA 


1657 


VA 



Conduct project report study on Old River 
School Rd — Firestone Blvd. intersection re- 
configuration 

Conduct study for Port of Miami Tunnel, 
Miami, FL 

Ithaca, Design and construct pedestrian and 
bicycle path (Cayuga Waterfrx)nt Trail) 

Greenway Trails Project, Elizabeth City 

Reconstruct Lakeshore Drive overpeiss over 
Lawrence Avenue 

Replace Murphy Road West Bridge, Anderson, 
SC 

Resurface and construct truck lane at CA Hwy 
94 and 1-8 interchange, Boulevard 

Undertake road improvements associated with 
Coltsville Area Redevelopment, Hartford 

Upgrade and Re-opening of Main Street in 
Yuma 

Pedestrian facilities, street lighting and 
streetscaping improvements in downtown 
Laurel Springs 

Upgrade Blue Cane Road in Tallahatchie 
County, and roads in Webb and Tutwiler 

Upgrade circuitry on vehicle protection device 
at Sheldon Road rail crossing in Berea 

Design and construct Upper Delaware Scenic 
Byway Visitor Center, Cochecton 

Construct sidewalks and curbing on West- 
chester Avenue in Vills^e of Buchanan 

Downtown Redevelopment Project, City of 
Rocky Mount 

Construction of divided four lane concrete ar- 
terial with drainage improvements — Sandy 
Lake Road: Denton Tap Rd. to North 
Coppell Road 

Preconstruction and Construction at IL 120 at 
Bacon Road and Cedar Lake Road 

Revitalization project will extend and resur- 
face the Roberta Walking Trail, Roberta 

Construct Westbound Access to Mountain 
Parkway from Exit 18 (KY 1057). Powell 
County 

Development of 2 miles of road parallel to 1-95 
located approximately between the I-95/NC 
125 interchange and I-95/U.S. 158 inter- 
change 

Engineering, right-of-way and construction of 
HOV lanes on 1-680 in the Livermore Val- 
ley, California 

Construct Streetscape Project, City of Mark- 
ham 

Landscape south side of the 91 Fwy at BeU- 
flower Blvd. in Bellilower 

Southwick and Westfield Rail Trail, Design 
and Construction 

Upgrade DOT crossing #467665M to constant 
warning time devices 



$400,000 

$1,600,000 

$960,000 
$512,000 

$1,200,000 

$188,000 

$2,400,000 

$1,600,000 

$960,000 

$477,059 
$600,000 
$112,000 
$600,000 
$220,000 
$5,068,800 

$800,000 

$1,092,000 

$400,000 

$2,320,000 

$1,200,000 

$9,600,000 
$400,000 
$200,000 

$4,000,000 
$155,680 



203 



119 STAT. 1326 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



1784 
1785 

1786 



PA 
IL 

IN 



1787 
1788 


AL 
WI 


1789 


MA 


1790 


TX 


1791 
1792 


lA 

MN 


1793 


CA 


1794 


KY 


-^1795 
1796 


AZ 
NY 


1797 
1798 


OH 


1799 


MI 


1800 


OH 


1801 
1802 


NY 
TX 


1803 


CO 


1804 
1805 


NY 
IL 


1806 


MO 


1807 


VA 


1808 


NH 


1809 


IL 


1810 


MN 


1811 


NY 



Construct and widen PA 94 from the Adams 
and York County line north to Appier Road 

For the reconstruction and reaUgnment of 2 
miles of Evergreen Ave. located west of the 
City of Effingham 

Improve State Road 332 and Nebo Road Inter- 
section in Delaware County, Indiana 

Birmingham Northern Beltline 

Construct Lake Butte des Morts Bridge, U.S. 
Highway 41, Winnebago County, Wisconsin 

North Worcester County Bike Paths, Design 
and Construction 

Old Reliance Road Overpass at SH 6 (Earl 
Rudder Freeway) — Widening project in 
Brazos Co 

Phase III of Main St. project, Amana 

Realign Vadnais Boulevard at interchange of 
I-694/Highway 49, Ramsey County 

Reconfigure intersection at Highways 152 and 
156 in Santa Clara County 

Construct Georgetown Northwest Bypass from 
U.S. 460 West to 1-76 North, Scott County .. 

Grand Canyon Greenway Trails 

Remediate road runoff in vicinity of Peconic 
Estuary watershed 



Construction of road improvements from Rich- 
mond Road to new Cuyahoga Community 
College in Warrensville Heights, OH 

Construction of the 1-696 and Northwestern 
Highway Interchange Freeway Ramps at 
Franklin Road in Southfield 

Construct access improvements to 1-680 and 
internal roadways for Corridor of Oppor- 
tunity, Mahoning Co 

Moimt Vernon Railroad Cut 

Reconstruct and add two lanes to IH 27 from 
Western Street in Amarillo to Loop 335 

SH 83-SH 88 Interchange Reconstruction — 
Arapahoe County, CO 

Town of Pawling Old Rt. 55 

Upgrade Curtis Road in conjunction with 
State plan for 1-57 interchange; from Dun- 
can Rd. to lat Street in Champaign 

Upgrade Rt. 249 [Range Line] from Rt. 171 to 
I--14...„ 

Bland Covmty Trails and Visitor Center — Es- 
tablishment of multi-use trail network, asso- 
ciated facilities and begin work on visitors 
center 

Upgrade Sewalls Falls Road bridge over 
Merrimack River in Concord 

Perform Old Orchard Road Expansion and im- 
provement project between Harms Road and 
U.S. 41, Cook County 

Design, engineering, and ROW acquisition to 
reconstruct TH 95 bridge. North Branch 

Tappan Zee Bridge to 1287 Transportation 
Corridor 



$1,200,000 

$1,600,000 

$2,400,000 
$8,000,000 

$28,000,000 

$4,000,000 

$2,000,000 
$800,000 

$800,000 

$11,120,000 

$2,400,000 
$2,560,000 

$1,000,000 
$0 

$120,000 

$1,600,000 



$1,600,000 
$2,000,000 

$4,800,000 

$3,200,000 
$400,000 



$5,600,000 
$8,000,000 

$800,000 
$800,000 

$800,000 
$7,120,745 
$1,000,000 



204 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1327 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Upgrade and reconstruct the I-80/I-680/SR 12 
Interchange, Solano County 

U.S. 219 Oakland Bypass 

U.S. 221 widening from U.S. 421 to Jefferson, 
NC 

Complete 80,000 lb truck route between CH 2 
(Burma Rd) and IL Rt. 130 in Cumberland 
County 

Improvement of intersection at Burbank Blvd. 
and Hayvenhurst Ave 

Construct pedestrian bridge over 1-77; tunnel 
underneath railroad; bridge over 
Tuscarawas River along OH and Erie Canal 
in Tuscarawas County 

Lake Street Access to 1-35 W, Minneapolis 

Upgrade U.S. 2 in Ashland County 

Construct an urban arterifil street between 
NE Weidler and NE Washington on NE 
102nd, Portland 

Construct an Interchange on Highway 70 at 
Georgia Pacific Road in Oroville 

Construct or Modify Railroad Grade Separa- 
tions on 6tb St. and 22nd St. and Recon- 
struct Speedway Blvd. Underpass in Tucson 

Construct North Ormond Beach Business Park 
Interchange at 1-95 between U.S. 1 and SR 
40, Volusia County 

Environmental review for improvement along 
the entire U.S. 10 corridor 

Construct visitor center, access road, and 
parking at Sam's Point Preserve, EUenville 

Installation of road improvements on Old 
State Road-SR 608 in Middlefield, OH 

To replace BNSF trestle, Sammamish River 
bridge and reconstruct SR 202/127th PI. NE 
and SR 202/180th Ave. NE intersections 

Completion of beltway interchanges along 
Business Route 60 in Moon Township, Alle- 
gheny County 

U.S. 290 Improvements in Austin, TX 

City of Madera, CA Improve SR 99— SR 145 
Interchange 

Construct a new interchange on 1-65 at 
Cullman, AL County Road 222 

Natiomil Park Service transportation improve- 
ments to Historic Jamestowne, Virginia 

Design and construction of West Michigan Re- 
gional Trail Network connector to link two 
trail systems together and to Grand Rapids 

Plan and construct a bicycle and pedestrian 
trail including enhancements, Murfreesboro 

Replacement of Saiford Bridge which crosses 
the Gila River directly north of Safford, AZ 
on North 8th Avenue 

Design and construct streetscape improve- 
ments to Old Spanish Trail— SH 288 to 
Griggs, Griggs to Mykawa 



Amount 



1812 

1813 
1814 

1815 



1823 



1824 


MN 


1825 


NY 


1826 


OH 


1827 


WA 



1828 



1829 


TX 


1830 


CA 


1831 


AL 


1832 


VA 


1833 


MI 


1834 


TN 


1835 


AZ 



1836 



CA 

MD 
NC 

IL 



1816 


CA 


1817 


OH 


1818 


MN 


1819 


WI 


1820 


OR 


1821 


CA 


1822 


AZ 



FL 



PA 



TX 



$17,480,000 
$800,000 

$1,600,000 



$2,400,000 
$320,000 



$2,000,000 
$1,600,000 
$3,200,000 



$4,200,000 
$2,028,000 

$10,640,000 

$880,000 

$1,040,000 

$400,000 

$80,000 

$1,600,000 

$800,000 
$2,400,000 

$2,400,000 

$800,000 

$3,400,000 

$2,400,000 
$7,200,000 

$3,520,000 

$800,000 



205 



119 STAT. 1328 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



1837 



1838 
1839 

1840 



1841 



1842 
— ^-1843 



1844 



1845 



1846 



1847 
1848 



TN 



OH 
OH 

MN 



CA 

MN 
VA 



FL 



FL 



PA 



AK 
AZ 



1849 


PA 


1850 


WA 


1861 


TX 


1852 


ID 


1853 


VA 


1854 


NY 


1855 


NC 


1856 


CO 


1857 


FL 


1858 


TN 


1859 


OB 


1860 


AL 



For each rail-highway crossing: Improve cir- 
cuitry on vehicle protection device installed 
at crossing in Knoxville, TN 

Reconstruct Broadway Ave. in Lorain 

Road Widening and related improvements to 
SR 82 in Macedonia, OH 

Reconstruct CSAH 4 and CSAH 5 (Forest 
Highway 11) between CSAH 15 and TH 61, 
Silver Bay 

Ramona Avenue Grade Separation, Montclair, 
California 

Roadway improvements, City of Federal Dam 

Rocky Knob Heritage Center — Planning, de- 
sign, site acquisition, and construction for 
trail system and visitors center on Blue 
Ridge Parkway 

Design and construct capacity and safety im- 
provements for State Road 426-County Road 
419 in Oviedo from Pine St. to west of 
Lockwood Blvd 

Coordinated Regional Transportation Study of 
U.S. 98 from Pensacola Bay Bridge, 
Escambia County to Hathaway Bridge, Bay 
County, Florida 

Paving and reconstruction in the townships: 
North and South Eldorado, North Altoona, 
Fairview, Juniata, East End, Pleasant Val- 
ley, South Tracks, Lyswen-Altoona, PA 

Ferry infrastructure at Seward Marine Center 

Realign Davis Road from State Route 80 to 
State Route 191 

Reesdale Street roadway reconfiguratioa to 
allow HOV access to new parking facility 

SR 538 (College Way) and North 26th St. Sig- 
nal in Mount Vernon 

Acquisition of right-of-way and environmental 
preservation from 1-45 to U.S. 59 for Grand 
Parkway 

Reconstruct Grangemont Road (Idaho Forest 
Highway 67) from Orofino to Milepost 9.3 .... 

Expansion of South Airport Connector Road 
(Clarkson Road to Charles City) 

Design and Construction of bicycle and pedes- 
trian facilities in the area of the Roosevelt 
Avenue Bridge 

Construct Endor Iron Furnace Greenway en- 
hancements from Deep River to Sanford 

Improve and widen State Hi^way 44 frwm 
(Colorado Boulevard to State Highway 2 

Fund improvement of U.S. 301 corridor in 
Sumter and Marion Counties 

Complete construction and landscaping of vis- 
itor center on Cherohala Sk3rway in Monroe 
County, TN 

Construction of the East Bumside Street im- 
provements, Portland 

Expand to 4 lanes U.S. Highway 278 from 
Sulligent to Guin 



$45,600 
$600,000 

$2,728,000 



$1,392,000 

$1,600,000 
$800,000 



$1,200,000 

$1,600,000 

$1,200,000 

$1,600,000 
$3,000,000 

$2,640,000 

$800,000 

$140,000 

$11,200,000 
$1,600,000 
$6,240,000 

$384,000 

$800,000 

$3,200,000 

$1,600,000 

$80,000 

$5,200,000 

$800,000 



206 



PUBUC LAW 109-59— AUG. 10, 2005 



119 STAT. 1329 



Highway Projects 
High Priority rVojects — Continued 



No. 



State 



Project Description 

Francis Cabrini/W. Green Homes CHA Street 
Construction, City of Chicago 

Plan and construct greenway, bicycle path, es- 
planades and ferry landing along New York 
Bay in Sunset Park, Brooklyn 

Construct Dubois Regional Medical Center Ac- 
cess Road 

To design and construct safe route to school 
projects in Brooklyn, Queens and Manhat- 
tan, NY 

U.S. 30 corridor improvements from PA 896 to 
PA 897. Connects PA 41 

U.S. 40 Alternate, Middletown Bjrpass 

Construction of a smart crosswalk system at 
the intersection of Topanga Canyon Blvd. 
and Gault St 

Expand U.S. 51 and SH 29 in Marathon Coun- 
ty 

Construct 2 flyover reunps and S Linden St. 
ext for access to industrial sites in the cities 
of McKeesport and Duquesne 

Improvements and upgrades on Main Street, 
Beekman, NY 

Construct pedestrian walkway along Route 9A 
in Hudson River Park, New York City 

Design engineering, right-of-way acquisition, 
and construction for the Grant County Eco- 
nomic Corridor 

City of Marshall TH 23 4-Lane Extension 

Henry Homer Homes CHA Street Construc- 
tion, City of Chicago 

Improve circuitry on vehicle protection device 
installed at highway-RR crossing in Knox- 
ville, TN 

Construct Intersection at Route 46 and Little 
Ferry Circle in Little Ferry 

Improve State Highway 88 (Higdon Ferry 
Road) in Hot Springs 

Improve U.S. 1, Washington Boulevard Cor- 
ridor in Howard County 

Downtown Flushing TrafBc and Pedestrian 
Improvements 

Arlington Expressway Access Rd., Jacksonville 

Construct arterial on W side of Montrose to 
ease traffic congestion on SH 550 between 
Grand Avenue, N/S of city 

North 1-25: Denver to Fort CoUins, Colorado .. 

Planning for Orange Line Mag Lev from down- 
town Los Angeles to central Orange County 

Rahway Streetscape Replacement Project 

Reconstruct I-95/I-91 interchange and con- 
struct pedestrian walkway. New Haven 

Blue Ridge Music Center — Install lighting/ 
steps, upgrade existing trail system and 
equip interpretative center with visitor in- 
formation 



Amount 



1861 


IL 


1862 


NY 


1863 


PA 


1864 


NY 



1865 

1866 
1867 



1868 
1869 

1870 
1871 
1872 



PA 

MD 
CA 



WI 
PA 

NY 
NY 
IN 



1873 


MN 


1874 


IL 


1875 


TN 


1876 


NJ 


1877 


AR 


1878 


MD 


1879 


NY 


1880 


FL 


1881 


CO 


1882 


CO 


1883 


CA 


1884 


NJ 


1885 


CT 


1886 


VA 



$480,000 

$8,000,000 
$480,000 

$1,680,000 

$2,600,000 
$4,000,000 

$40,000 
$6,400,000 

$5,600,000 

$160,000 

$5,600,000 



$1,600,000 
$2,630,400 

$800,000 



$126,400 
$1,200,000 
$3,560,000 

$800,000 

$800,000 
$1,200,000 



$6,000,000 
$7,733,333 

$280,000 
$400,000 

$1,600,000 



$1,200,000 
* * 



207 



119 STAT. 1334 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



1988 

1989 

1990 
1991 

1992 

^1993 

1994 
1996 



CA 

MI 

CA 
KY 

NY 

TN 

NY 
FL 



2005 


TN 


2006 


CT 


2007 


IL 


2008 


GA 


2009 


TX 


2010 


MO 


2011 


MS 


2012 


MA 


2013 


IN 


2014 


OH 



1996 


PA 


1997 


MI 


1998 
1999 


OH 

NY 


2000 


OH 


2001 


CT 


2002 
2003 


AK 
TX 


2004 


NC 



The Foothill South F*roject, construct 16 miles 
of a six-lane limited access hi^way system 

Construct Road Improvements to Miller Rd. 
from 1-75 to Linden Rd. Flint Township 

State Route 99 improvements at Sheldon Road 

The Kentucky Multi-Highway Preservation 
Project 

Town of Warwick, NY. Bridge replacement on 
Buttermilk Falls Rd 

Improve existing two lane highway to a four 
lane facility along the U.S. 412 Corridor 
west of Natchez Trace to U.S. 43 at Mount 
Pleasant 

Town of Warwick, NY East Shore Road recon- 
struction 

Traffic Reconfiguration of SR 934 and U.S. 1 
Route, Miami 

For design, engineering, ROW acquisition, and 
construction of the third phase of the Mar- 
shalls Creek Bypass Project in Monroe 
County, Pennsylvania 

Construct North Central Muskegon County 
Corridor Improvements at U.S. 31 and Rus- 
sell Road 

Reconstruct 1-75^-475 Interchange, Toledo .... 

College Point 20th Avenue Streetscapes Im- 
provements Project in Queens 

Construct a 4 lane limited access road to link 
Newcomerstown and Cadiz 

Construct trail to extend the Pequonnock Val- 
ley rail-trail through Trumbull and into 
Bridgeport, CT 

Providence Hospital Public Access Road 

I Road Between Nolana Loop and FM 495 in 
Hidalgo County 

North Carolina. Add passing lanes and safety 
improvements to U.S. Highway 64 in Tran- 
sylvania County 

Improve streetscape and pavement repair, 
Blount Counly, TN 

Reconstruction of State Route 111 from Purdy 
Hill Road to Fan Hill Road, Monroe, CT 

Resurface Trumbull Ave. and Homan Ave., Ev- 
ergreen Park 

Hwy 78 Corridor Improvement Gwinnett 
County 

Construct Southwest Bypass in Georgetown, 
Texas, between SH 29 and Ranch Road 2243 

To improve U.S. 54 to a four lane highway 
from the Osage River to MO Route KK 

Upgrade roads in Mayersville (U.S. Highway 
14 and 1), Issaquena County 

Gainsborough St. and St. Botolph St. Improve- 
ments 

Construct U.S. 31 Kokomo Corridor Project for 
Kokomo Howard County, Indiana 

Construction of Tri-State Outer Belt in Law- 
rence County 



$8,000,000 

$2,400,000 
$3,200,000 

$1,280,000 

$140,000 



$8,000,000 
$640,000 
$800,000 

$240,000 

$1,840,000 
$2,400,000 

$700,000 

$550,000 



$400,000 
$3,000,000 

$1,520,000 



$4,800,000 
$240,000 

$1,200,000 
$320,000 
$400,000 

$3,200,000 
$800,000 
$160,000 
$900,000 
$800,000 

$1,600,000 



208 



PUBLIC LAW 10&-59— AUG. 10, 2005 



119 STAT. 1335 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



2015 

2016 
2017 
2018 



PA 

OH 
CA 
CA 



2019 


NY 


2020 


WI 


2021 
2022 


NC 
MS 


2023 
2024 


IN 

CA 


2025 


IL 


2026 


TN 


2027 


GA 


2028 


MS 


2029 


VA 


2030 


NY 


2031 


GA 


2032 
2033 
2034 
2035 
2036 
2037 


MA 
NY 
VA 
FL 
FL 
NY 


2038 


SC 


->2039 


NM 


2040 


IL 


2041 


OH 


2042 


TX 


2043 


NC 



Completion of I-79-Kirwin Heights Inter- 
change and construction of reteiining walls, 
bridge and new ramps $1,600,000 

Construction of the Carroll Area Interchange 
in Fairfield County $3,600,000 

Construct the Silicon Valley Transportation 
Incident Management Center in San Jose .... $6,400,000 

Design and Construction Camino Tassajara 
Crown Canyon to East Town Project, 
Danville, CA $800,000 

Traffic mitigation on Bridge Street and Maple 
Avenue, Florida, NY $120,000 

North 28th Street Phase 2 roadway safety im- 
provements from Weeks Avenue to Hill Ave- 
nue in Superior $1,024,000 

Upgrade U.S. 74 in Columbus County $5,600,000 

Upgrade U.S. 78 to Interstate Standards from 
the MS/TN State line to the MS/AL State 
line $8,000,000 

Improve Bailie Street, Kentland $256,000 

Reedignment of La Brea Avenue to reduce con- 
gestion, City of Inglewood $2,640,000 

Resurface Elston Avenue from Milwaukee to 
Pulaski, Chicago $1,600,000 

Sullivan, Washington Counties, Tennessee SR 
75 widening $1,600,000 

U.S. 17/SR 404 Spur, Back River bridge re- 
placement. Savannah $4,000,000 

U.S. 98 access improvements and new 1-59 
interchange, Lamar County $4,000,000 

Construct South Airport Connector, Richmond 
International Airport $400,000 

City of Peeskill, NY Street Resurfacing Pro- 
gram. Riverview Avenue $104,000 

SR 400 at SR 120 Old Milton Parkway inter- 
section improvement Pulton Counfy, Geor- 
gia $800,000 

East Boston Haul Road Construction $5,000,000 

Town of Goshen Orzeck Road reconstruction ... $320,000 

Revitalize Main Street in Dimifnes $580,000 

Replace Piatt Street Bridge $2,400,000 

Access Rd. Streetscaping, Sanford Airport $400,000 

Rockland County and City of Yonkers to 
Lower-Manhattan Ferry Boat project $800,000 

Complete construction of Palmetto Parkway 
(1520) Extension (Phase H) to 1-20 $5,600,000 

U.S. 62-180 Reconstruction, Texas State line 
to Carlsbad $4,000,000 

For U.S. Rt. 30 intersection signals, turn and 
deceleration lanes btwn Williams St. and IL 
Rt. 43 incl. 80th Ave, Wolf Rd., Lincoln Way 
HS and Locust St $5,600,000 

Construct Orchard Lane to Factory Road Con- 
nector, Greene County $400,000 

Construct a bridge impact protection system 
for TxDOT $400,000 

Design and construction of the Airport Area 
Roadway Network, High Point, North Caro- 
lina $4,000,000 

****** 



209 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1337 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



2070 



NC 



2071 


WA 


2072 
2073 


OH 


2074 


OK 


2075 


MI 


2076 


KS 


2077 


MI 


2078 


OK 


2079 


WA 



2080 

2081 

2082 
2083 

2084 

2085 
2086 

2087 

2088 
2089 

2090 
2091 



CA 

IL 

AB 
GA 

CA 

MS 
WI 

IL 

NC 
CA 

NY 
MD 



-^2092 I NY 



To construct an interchange at an existing 
grade separation at SR 1602 (Old 
Stantonsburg Rd.) and U.S. 264 Bypass in 
Wilson County, NC 

U.S. 12 Burbank to Walla Walla: Construct 
new four lane highway for portion of U.S. 12 

Structural improvements to two bridges over 
the Zimber Ditch between 38th St. and 

Whipple Ave. in Canton, Ohio 

U.S. 281, Widen U.S. 281 from the new U.S. 
281 Spin- North to Geary Canadian County, 

OK 

City of Negaunee, Croix Street reconstruction- 
Streetscape and resiufacing from U.S. 41 to 

Maas Street 

Construct 1-35 and Lone Elm Road inter- 
chfmge and widen 1-35 from 151st St. to 

159th St.. Olathe 

Integrated highway realignment and grade 
separations at Port Huron, MI to eliminate 

road blockages from NAFTA rail Iraffic 

U.S. 60, Widen U.S. 60 between Bartlesville 

and Pawhtiska, Osage Coimty, OK 

Construct an off-ramp from 1-5 to the inter- 
section of Alderwood Mall Blvd. and 

Alderwood Mall Pkwy 

Reduce congestion and boost economies 
through safer access to the coast by realign- 
ing Hwy 299 between Trinity and Shasta 

Counties 

Pre-con£truction and construction activities on 
U.S. 45/LaGrange Road from 131st Street to 

179th Street 

Van Buren, Arkansas — ^Widen and reconstruct 

Rena Road 

Construction of infrastructure for inter-parcel 
access, median upgrades, lighting, and beau- 

tification along Highway 78 corridor 

Construct Alviso Bay Trail from Gold Street in 
historic Alviso to Sata Tomas Aquino Creek 

in San Jose 

Construct bicycle and trolley path, Hatties- 

burg 

Construct a bike and pedestrian bridge across 
SH 100 at the 1800 block of S. 108th Street, 

WestAllis 

Increasing the height on the IL Rt. 82 Rail- 
road Underpass in Geneseo, IL 

U.S. 70 Goldsboro Bypass 

Vasco Road Safety Improvements, Contra 

Costa Transportation Authority and the 

County of Alameda Public Works, California 

Downtown Flushing Multimodal Connection 

Project, Queens 

Construct Safety and Operations Improve- 
ments at Martin Luther King, Jr., Blvd. and 

W. Baltimore Street in Baltimore 

RehabiUtate Riis Park Boardwalk 



$947,200 

$3,440,000 
$0 



$400,000 

$800,000 

$900,000 

$4,000,000 

$400,000 
$2,400,000 

$400,000 

$5,600,000 

$800,000 
$3,000,000 

$4,800,000 

$800,000 
$680,000 

$240,000 

$2,400,000 
$800,000 

$800,000 
$880,000 



$2,000,000 
$300,000 



210 



119 STAT. 1338 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



2093 


TX 


2094 


UT 


2095 


WA 


2096 


PA 


-^2097 


VA 


2098 
2099 


NC 
OK 


2100 
2101 


GA 


2102 


TN 


2103 


NE 


2104 
2106 


HI 
TN 


2106 


IL 


2107 


PA 



2108 



2118 

2119 

2120 

2121 

2122 
•k 



CO 



2109 


OH 


2110 


WA 


2111 


IL 


2112 


OH 


2113 


NY 


2114 


TN 


2115 


SD 


2116 
2117 


CA 

WA 



MD 

MN 

VA 
IL 



Construct 25 mile stretch of the 177-mile loop, 

between IH-45 south and SH 288 

Construction of Midvalley Highway, Tooele 

County, Utah 

Improve Willapa Hills bicycle and pedestrian 

trail between Chehalis and Padiic County ... 
Design and construct interchange and related 

improvements at 1-83 Exit 18 

Northern Virginia Potomac Heritage National 

Scenic Trail 

Wilmington Area Port Access Improvements ... 
Construction of Midwest City Pedestrian 

Walkway 

Construct access roads on Airport Loop road in 
Hapeville 

Construct 2nd Creek Greenway, Knoxville, 
Tennessee 

Design, right-of-way and construction for the 
Louisville Bypass, Nebraska 

Construct Honoapiilani Highway Realignment 

Hamblen County, Tennessee U.S. 25E inter- 
change improvements 

Construction of a new bicycle-pedestrizin 
bridge in Wayne, IL 

David Lawrence Convention Center Phase IV- 
reconstruction of roadways assoc. with HQ 
hotel project 

1-70 and SH 58 Interchange: Reconstruction of 
existing ramps, building of missing ramps 
and ROW acquisition 

Reconstruct U.S. Route 6 (Lake Road). Rocky 
River 

Construct 6 mile span over 1-5 in Thurston 
County to connect Chehalis Western Trail ... 

Extend Frank Scott Parkway East Road to 
Scott AFB, St. Clair County 

Reconfigure 1-480 and Transportation Blvd. 
Interchange, Garfield Heights 

Rehabilitation of Route 100 from Virginia 
Road to Westchester Community College 

Restoration of historic L&N Depot, McMinn 
County, Tennessee 

Resurface 10 miles of U.S. 18 firom Okreek to 
Carter on the Rosebud Indian Reservation ... 

Route 198 Expansion, fi^m SR 99 to SR 43 

SR 543 Interstate 5 to International Boundary 
Enhancement in Blaine 

Rockville, MD Construction of Maryland Ave- 
nue and Market Street Intermodal Access 
Project 

U.S. Highway 212 expansion from Carver 
Cnty Rd. 147 to Cologne and fitjm Cologne 
to Norwood Young America 

Vienna, VA Maple Avenue improvement 
project 

Village of South Jacksonville — ^West Vandalia 
Road upgrades 



* 



$9,200,000 
$800,000 
$700,000 

$4,800,000 

$800,000 
$2,400,000 

$800,000 
$0 

$1,600,000 

$548,560 

$2,000,000 
$2,400,000 

$800,000 

$960,000 

$960,000 

$5,976,000 

$2,640,000 

$4,108,000 

$2,240,000 

$800,000 

$880,000 

$16,000 

$1,840,000 
$2,400,000 

$3,000,000 

$3,200,000 

$800,000 

$1,320,000 

$762,058 



211 



PUBUC LAW 109-59— AUG. 10, 2005 



119 STAT. 1343 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



-pi 



2218 



2225 

2226 
2227 

2228 



.-^ 2229 



MA 



2219 


OH 


2220 


TX 


2221 
2222 


NY 
HI 


2223 


TX 


2224 


IN 



LA 

LA 
CA 

NY 



NY 



2230 


CO 


2231 


NY 


2232 
2233 


FL 
CA 


2234 


PA 


2235 


NJ 



2236 


FL 


2237 
2238 
2239 


GA 
GA 
MO 


2240 


IL 


2241 


NY 


2242 


MS 


2243 


TX 


2244 


OH 


2245 


CA 


2246 


CA 



Construct the Blackstone River Bikeway and 
Worcester Bikeway Pavilion between Provi- 
dence, RI and Worcester, MA 

Improvements to SR 91 in City of Twinsburg, 

OH 

Completion of U.S. 77 relief route around City 

of Robstown 

Improve Maple Avenue, Smithtown 

Replace and Rehabilitate Kamehameha High- 
way Bridges, Island of Oahu 

SH 71 ftx)m W of FM 20 to Loop 150, Bastrop 

County 

Construct U.S. 31 Plymouth to South Bend 
Freeway Project in Marshall and St. Joseph 

Counties, Indiana 

Plan and develop a 4-Iane roadway, Jeanerette 

to U.S. 90 connection 

Construct 1-12 and LA 1088 Interchange 

4 lane widening/safety improvements on State 

Route 25 from HoIUster to Gilroy 

Comprehensive traific congestion mitigation 
study of Hauppauge Industrial Park and 

surrounding area 

Develop an identity and signage program for 
the Erie Canalway National Heritage Cor- 
ridor 

Dillon Drive Overpass at Interstate 25 in 

Pueblo 

Improvements at highway-rail crossings along 
the Southern Tier Extension Railroad in Al- 
legany, Cattaraugus, and Steuben Counties 

Depot Ave. Enhancements, Gainesville 

Interstate 15 and Windiester Road Inter- 
change Project 

Construct the Eastern Inner Loop in Centre 

County around State College, PA 

Streetscape Improvements along Berlin Road 
between Gibbsboro Road and White Horse 

Road in Lindenwold Borou^ 

SR 70 improvements in Highland, DeSoto and 

Okeechobee Counties 

Streetscape-Albany 

Streetscape-Richland 

Construct four lanes for Route 5 in Camden 

County 

Improve Cottage Grove intersection. South 

Chicago Avenue and 71st Street 

Study, design, and reconstruction of pedes- 
trian walkways, the Bronx 

Upgrade roads in Anguilla and Rolling Fork, 

Sharkey County 

For center to center communication link be- 
tween highway traffic transportation man- 
agement centers 

Upgrade the interchange of Interstates 270 

and 71 in Franklin County, Ohio 

U.S. 101 Corridor Improvements — Route 280 

to the Capitol-Yerba Buena Interchange 

Rancho Vista Blvd. Widening Project 



$1,600,000 

$1,560,000 

$2,400,000 
$1,000,000 

$800,000 

$1,600,000 

$8,800,000 

$160,000 
$2,400,000 

$2,928,000 

$600,000 

$800,000 
$3,200,000 

$900,000 
$4,800,000 

$1,600,000 

$4,000,000 

$800,000 

$1,600,000 
$400,000 
$160,000 

$8,000,000 

$800,000 

$750,000 

$600,000 

$800,000 

$2,105,600 

$4,000,000 
$2,800,000 



212 



119 STAT. 1344 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



2247 

2248 
2249 
2250 

2251 



2252 
2253 

2254 

2255 



NJ 

lA 
lA 
GA 

MI 



WI 
PA 

CA 

NY 



2256 


NY 


->2257 


NY 


2258 


LA 


2259 


MI 


-^2260 


AK 


2261 


MN 


2262 
2263 


TX 
AK 


2264 


MS 


2265 
2266 


AL 
MO 


2267 


IL 


2268 


VA 


2269 


IL 


2270 
2271 


NY 
AR 


2272 


WI 


2273 


TN 


2274 


MI 


2275 


MI 


2276 


GA 



Newark Access Variable Mesaage Signage Sys- 
tem 

Construct SW Connector, West Des Moines 

U.S. 30 reconstruction, near Tama 

Construction of interchange on 1—985 north of 
SR 13, Hall County, Georgia 

Marquette County, Realignment of 3200 feet 
of County Road 492 from U.S. 41 north to 
County Road HD 

Realign U.S. 8 near Cameron, Barron County 

Restoration of PA422, in Berks County, includ- 
ing slab repair and diamond grinding 

Monte Vista Avenue Grade Separation, 
Montdair, California 

Deploy intermodal chassis ITS project in New 
York 

Reconstruction of Route 590 in the Town of 
Irondequoit, NY 

Design and Construction of Downtown James- 
town Connector Trail 

Further construction to improve draining at 
Clearview Parkway (LA 3152) and Earhart 
Expressway (LA 3139) 

Houghton County, Rehabilitate 2 piers and re- 
move old bridge caissons for Sturgeon River 
Bridge 

Make necessary improvements to Indian River 
Road in City and Borough of Sitka 

Reconstruct CSAH 61 from Bamum to TH 210 
at Carlton, and improve Munger Trail 

Build 1-30 Trinity River Bridge, Dallas, Texas 

Realign rail track to eliminate highway-rail 
crossings and improve highway safety and 
transit times 

Relocate SR 44 fit)m SR 198 to Pierce Road, 
Columbia 

Interstate 565 west extension towards Decatur 

Roadway Improvements on Rt. 21 fi^m Hay- 
den Road to Lake Lorraine 

Halsted Bridge over North Branch Canal Re- 
construction, City of Chicago 

Town of Pound Riverwalk — Construction of pe- 
destrian riverwalk in Town of Pound 

U.S. 67 west of Jacksonville, IL Bypass to east 
of IL 100 

Village of Wappingers Falls North Mesier Ave 

Vfar Eagle Bridge Rehabilitation — Benton 
County, Arkansas 

Build additional staircases, landscape, and 
other improvements to the marsupial bridge 
at the Hoi ton St. Viaduct in Milwaukee 

Washington County, Tennessee SR 36 wid- 
ening 

Westland, Ann Arbor Trail between Farm- 
ington and Merriman 

White Lake and Commerce, pave Cooley Lake 
Road Between Ripple Way and Havenwood 

Bridge replacement on County Road 183-FAS 
Route 1509, Peach County 



$400,000 
$1,600,000 
$3,200,000 

$3,200,000 



$400,000 
$1,600,000 

$800,000 

$1,600,000 

$1,600,000 

$6,000,000 

$1,600,000 

$2,640,000 

$216,000 

$2,000,000 

$1,680,000 
$800,000 

$5,000,000 

$3,200,000 
$1,600,000 

$4,000,000 

$480,000 

$80,000 

$1,600,000 
$600,000 

$640,000 

$640,000 
$800,000 
$2,520,000 
$400,000 
$450,000 



213 



119 STAT. 1346 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amoiint 



2301 

2302 

.-5^ 2303 

2304 
2305 
2306 

2307 
2308 

2309 
2310 

2311 
2312 
2313 
2314 
2315 

2316 
2317 



NH 

OH 

WA 

NY 
NY 
GA 

GA 
PA 

XL 
OR 

TX 

IL 

IN 
TX 

NY 

FL 
WI 



2318 
2319 
2320 


NY 
OH 


2321 


PA 


2322 


CT 


2323 


AL 


* 





Reconstruction and relocation of the intersec- 
tion of Maple Avenue and Charleston Road 

in Clanemont 

Construct hi^way-rail crossing safety up- 
grades at 3 grade crossings in Madison Vil- 
lage, OH 

Cultural and Interpretive Center (Hanford 
Reach National Monument) facility, Rich- 
land, WA 

Implement Improvements for Pedestrian Safe- 
ty in New York County 

Construction of and improvements to Main 

Street in the Town of Eden 

SR 85 widening from Adams DR to 1-75 and 
reconstruct the Forest Parkway interchange, 

Cla3rton County 

Jogging and Bicycle Trails around CSU, Co- 
lumbus 

Design, engineering, ROW acquisition and 
construction of streetscaping enhancements, 
paving, lighting, safety improvements, park- 
ing and roadway redesign in Throop Bor- 
ough, Lackawanna County 

Reconstruct Winter Ave, existing 1 lane RR 
subway, and 1 lane bridge to provide access 

to Winter Park in Danville 

Construct highway and pedestrian access to 
Macadfmi Ave. and street improvements as 
part of the South Waterfront development, 

Portland 

Relocation of 10th Street near McAllen-Miller 

International Airport 

Construct pedestrian tunnel at railroad cross- 
ing in Winfield, IL 

Construct Margaret Avenue Safety and Capac- 
ity Enhancement Project 

Construct Loop 574 from BU 77 to 1-35 in 

McLennjui Co 

Construction of a bicycle/pedestrian off road 
scenic pathway from the Niagara Falls City 
Line to the southerly Lewiston TownA^lage 
Line along the Niagara Gorge, Town of 
Lewiston, Village of Lewiston, Niagara 

County 

Construct new bridge from West-Florida Turn- 
pike to CR 714 to 36th Street— Cross S. 
Fork of St. Lucie River — Indian Street to 

U.S. 1 on east side 

Ilecondition SH 16 from Columbus to SH 26 
(Dodge County, Wisconsin) 

Riverwalk in Irvington development 

Road resurfacing and improvements in the Vil- 
lage of Bentleyville, OH 

Improvements to Stella Street rail-highway 
crossing in Wormleysburg, PA 

Construct Entrance Ramp at Route 8 Exit 11, 
Shelton, CT 

Pedestrian Improvements for Leeds, AL 



$400,000 

$240,000 

$1,280,000 
$600,000 
$320,000 

$1,200,000 
$400,000 



$160,000 
$4,320,000 

$7,200,000 

$600,000 

$800,000 

$2,400,000 

$1,600,000 



$1,840,000 



$4,000,000 

$4,000,000 

$0 

$200,000 

$560,000 

$600,000 

$800,000 
$160,000 



214 



119 STAT. 1348 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Construct the Auburn Connector Road Cor- 
ridor, Auburn, NY 

Engineering and construction of Blackstone 
Valley Visitors Center at intersection of 
State Route 146 and Millbury Street, 
Worcester 

Improve 1-8 off ramp to the Desert Farming 
Institute, Imperial County 

Construct bike and pedestrian path along K- 
10 between Douglas and Johnson Counties .. 

Construct Bike Lanes on Kalanianaole High- 
way, vicinity of Makapuu to Keolu Drive 

Donna/Rio Bravo International Bridge 

Improve Sheridan Road, Evanston 

Intercounty Connector 

Resurfacing of Ten Mile Road in St. Clair 
Shores 

Conduct studies to consider transportation 
planning and comm\mity involvement for in- 
frastructure projects that address congestion 
relief in New York City 

Construct an extension of MO 740 from U.S. 
63 to the 1-70 Lake of the Woods Inter- 
change 

Construct improvements to Enterprise Blvd. in 
Iberville Parish; and LA I/I-IO Connector 
Study; and improvements to LA 10/Zachary 
Taylor Parkway 

Monroe County ITS project 

Roadway improvement on 1-44 in Phelps 
County, Missouri 

Rt. 128/95 ramp Northbound to Kendrick 
Street, Needham 

Realign State Road 312, Hammond 

Design, engineering, ROW acquisition and 
construction of surface improvements to the 
area a4jacent to Exit 168 of Interstate 81 at 
the Wachovia Arena in Wilkes-Barre Town- 
ship 

SR 92 relocation from Durelee Road to SR 92 
at Malone, including grade separation, 
Douglas County, Georgia 

Construct 1-69 Evansville to Indianapolis, In- 
diana 

Construct fourth bore of Caldecott Tunnel on 
SR 24, California 

Construct interchange on 1-40 in WUson 
County 

Construct service road parallel to 1-69 in the 
City of Anderson, Indiana 

Croton-on-Hudson, NY Restoration of Van 
Cortlandt Manor entrance road 

Construction and repair of pedestrian walk- 
wa}rs along Lake Shore Blvd. in Lakeline 
ViUage, OH 

Reconstruct MD 32 fit)m MD 108 to 1-70 in 
Howard County 

Repair and Improve Streets in Astoria dam- 
aged by water main breaks 

r * * * 



Amount 



2350 


NY 


^2351 


MA 


2352 


CA 


2353 


KS 


2354 


HI 


2355 
2356 
2357 
2358 


TX 
IL 
MD 

MI 



2359 



2360 



2361 



2362 
2363 

2364 

2365 
2366 



2367 



NY 



MO 



LA 



NY 
MO 

MA 

IN 
PA 



GA 



2368 


IN 


2369 


CA 


2370 


TN 


2371 


IN 


2372 


NY 


2373 


OH 


2374 


MD 


2375 


NY 



$800,000 

$6,400,000 

$800,000 

$400,000 

$240,000 
$1,600,000 
$1,600,000 
$3,200,000 

$716,800 

$1,200,000 
$2,000,000 



$3,200,000 
$720,000 

$800,000 

$1,400,000 
$3,330,313 



$200,000 

$6,400,000 
$11,200,000 
$1,600,000 
$800,000 
$3,200,000 
$2,000,000 

$231,200 
$3,040,000 
$1,400,000 



215 



119 STAT. 1350 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority PrcQects — Continued 



No. 



State 



PVoject Description 



Amount 



2402 


CA 


2403 


TX 


2404 


OH 


2405 


CA 



2406 

2407 

2408 

2409 
2410 

2411 



TX 

KS 

OH 

NH 
FL 

TN 



•2412 


NY 


2413 


WI 


2414 


NY 


2415 


PA 


2416 


IN 


2417 


GA 


2418 


LA 


2419 


NY 


2420 


IL 


2421 
2422 


IL 

MS 


2423 
2424 


CO 
AZ 


2425 


VA 


2426 


KS 


2427 
2428 


CA 
IL 



Interstate 15, California Oaks Road Inter- 
change Project $1,600,000 

Choate Road overpass to eliminate at-grade 
intersection between Choate Rd. and SH 146 $7,840,000 

Construction of 1-75 Austin Road Interchange, 
Montgomery County, Ohio $6,000,000 

Acquire lands for mitigation adjacent to U.S. 
101 as part of Southern Santa Clara County 
Wildlife Corridor Protection and Scenic En- 
hancement Project $400,000 

Construct U.S. Business 287 through the Trin- 
ity Uptown Project from 7th St. NE to 11th 
St. NE in Fort Worth $6,400,000 

Construct K-10 and Lone Elm Road inter- 
change, Lenexa $4,000,000 

Construct connector road between SR 79 and 
Thomwood Drive in Licking County $5,000,000 

Construct Pedestrian, Bicycle bridge in Keene $640,000 

Coral Way, SR 972 Hi^way Beautification, 
Phase One, Miami, Florida $1,200,000 

Develop historic preservation transportation 
enhancement project, Sumner Co. and sur- 
rounding counties $108,000 

Develop terminal facilities for water taxi 
projects in New York City $4,400,000 

Expand U.S. 151 between Dickeyville and Bel- 
mont $1,600,000 

Improve bicycle and pedestricui safety, NY 25, 
Jamesport $240,000 

PA Route 183 widening and ramp enhance- 
ment, Bern Township $1,600,000 

Reconstruct Hoosier Heartland Highway, Wa- 
bash, Huntington and Miami County Indi- 
ana segments $800,000 

Replace sidewalks, upgrade lighting, and in- 
stall landscaping, Soperton $400,000 

Lafayette, LA Implementation of Intelligent 
Transportation System $8,800,000 

Conduct improvements to 1-87 — ^Exit 18 Inter- 
change $2,000,000 

To construct an extension of U.S. 51 from 9 
miles south of Moweaqua to 4.6 miles south 
of Moweaqua $1,600,000 

Upgrade roads. The Village of Hillside $800,000 

Upgrade safety devices at Front Street rail 
crossing, Ellisville $40,000 

U.S. 287— Ports-to-Plains Corridor in Colorado $6,133,333 

Many Farms, Apache County — For the Con- 
struction of N8086 and N8084 on the Navajo 
Nation $480,000 

Construct 1-95 Interchange at Temple Ave, 
Colonial Heights $1,600,000 

Route designation, environmental clearance, 
final design and right-of-way acquisition for 
Crawford County, KS corridor of U.S. High- 
way 69 $3,200,000 

U.S. 395 Realignment and Widening Project ... $400,000 

To connect about a 2-mile segment through 
CoUinsville at two or three lanes I $1,600,000 



216 



119 STAT. 1354 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Resurface U.S. Highway 18 from Lake Andes 
to U.S. Highway 50 on Yankton Sioux Res- 
ervation 

Lajitas Relief Route 

U.S. 85 Passing Lanes 

Design and Construct Blackstone River Bike- 
way and Worcester Bikeway Pavilion be- 
tween Providence, RI and Worcester 

Little Falls Access: Repair and reconstruct 
High School and Lower School Road 

Replace Columbus Drive Bridge 

Construction of two railroad-highway grade 
separations on Farm Lane north of Mount 
Hope Road 

Widen Atlantic Bl bridge over the Los Angeles 
River in Vernon 

Widen Bundy Drive between Wilshire and 
Santa Monica Boulevards in the City of Los 
Angeles 

To provide four lanes on U.S. 80, Perry Coun- 
ty, Marengo County, and Sumter County 

Widen Maine Avenue in Baldwin Park 

Ease traffic congestion and improve intersec- 
tion safety by identifying alternative align- 
ment to U.S. 84/285 and NM 68 through 
Espanola 

Widen MS Hwy 19 between Philadelphia and 
Collinsville, MS 

Construct the Fire Island ferry terminal facil- 
ity, Patchogue 

IL 8 from East Peoria to Washington, IL 

Preliminary engineering for missing coimec- 
tions of NJ 23 and 1-80 

Penobscot Riverfront Development for bicycle 
trails, amenities, and traffic circulation im- 
provements, Bangor and Brewer 

Restoration jmd reconstruction of the central 
business district street. Cambridge, IL 

Widen NC 160 from Cherryville to Lincolnton 

Second phase of the Grand Concourse im- 
provements from East 166th St. to East 
171st St 

U.S. Route 7 and U.S. Route 4 road improve- 
ments for the City of Rutland 

Improve 63rd Street, Chicago 

Alcona County, Reconstruction of Ritchie Road 
from Village of Lincoln to Hubbard Lake 
road 

Construct roadway btwn 1-26 and U/S/ 1 in 
Lexington County. Intermodal connector 
from U.S. 1 to 1-26 and 1-77. SC 302 and 
SC 602 improvements 

Agness Road, Curry County 

Rehabilitation of Sharon Drive in the Town of 
Poughkeepsie 



Amount 



2506 



2507 
2508 
2509 



2510 

2511 
2512 
2513 



SD 



TX 
WY 

MA 



NY 
FL 
MI 



2514 


CA 


2515 


CA 


2516 


AL 


2517 


CA 


2518 


NM 


2519 


MS 


-^2520 


NY 


2521 


IL 


2522 


NJ 


2523 


ME 


2524 


IL 


2525 


NC 


2526 


NY 


2527 


VT 


2528 


IL 


2529 


MI 


2530 


SC 


2531 


OR 


2532 


NY 



$960,000 
$1,200,000 
$1,600,000 



$2,000,000 

$192,000 

$3,200,000 

$0 



$1,840,000 
$800,000 

$3,400,000 

$11,200,000 
$300,000 

$1,600,000 

$10,000,000 

$1,600,000 
$762,056 

$1,200,000 

$2,800,000 

$960,000 
$800,000 

$8,000,000 

$2,848,000 
$1,600,000 

$650,400 



$1,600,000 
$2,000,000 

$260,000 



217 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1355 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



2533 

2534 
2535 

2536 

2537 

2538 

2539 

2540 

2541 
2542 

2543 

2544 

2545 

2546 
2547 
2548 
2549 
2550 
'2551 
2552 

2553 

2554 
2555 

2556 
2557 



2558 
2559 

2560 



TX 

MD 
GA 

VA 

NY 
CA 

WA 
PA 

AL 

CA 

CA 
TX 
PA 

AR 
NJ 
PA 
IL 
WA 
VA 
AR 

NY 

GA 

VA 

PA 

VT 

CO 
VA 

GA 



Conduct study of I-IQ and U.S. 190 with a 
focus on congestion relief and the need for a 
military and emergency relief transportation 

corridor 

MD 85 at 1270 

SR 36 passing lanes north of Jackson to New- 
ton County line, Butts Couniy, Georgia 

1—66 and Route 29 Gainesville Interchange 

Project 

Construct and extend existing pedestrian 

streetscape areas in Lynbrook 

Construct traffic intersection island improve- 
ments on North side of Olympic Blvd. where 
Irolo St. and Normandie Ave. split in 

KoreatovTO, Los Angeles 

Improvements in the SR 9 corridor in Snoho- 
mish County 

Replace a highway railcrossing in Osborne 

Borough, PA 

Pedestrian Improvements for Centerpoint, AL 
Replace twin 2 lane bridge with single 4 lane 

bridge on SR 138 over Big Rock Wash 

State Route 86S and Ave. 50 highway safety 

grade separation 

Construct Fredericksburg Road-Medical Drive 

grade separation in San Antonio 

For design, engineering, ROW acquisition, and 
construction of a connector road between the 
Valmont Industrial Park and Pennsylvania 

Rt. 924 at Cranberry Creek 

Interstates 30/440/530 Interchanges/For inter- 
change improvements, Little Rock 

Rehabilitation of Benigno Boulevard from 1295 

to Route 168 in Bellmawr 

Preconstruction studies for improvement to 

U.S. 22 from Irving Street to Mickley Road 
Establish transportation musetun on Navy 

Pier, Chicago 

Continuing construction of 1-90, Spokane to 

Idaho State line 

Improve transportation infrastructure for visi- 
tors to Jamestown 2007 

Highway 67: Kiehl Avenue — ^Vandenberg Bou- 
levard: rehabilitating and widening High- 
way 67 from four to six lanes from Kiehl 

Ave. to Vandenberg Blvd 

Install Improvements for Pedestrian Safety in- 
cluding in the vicinity of PS X81 .... 

Memorial Drive Corridor 

Route 11 improvements in Maurertown, Vir- 
ginia 

Street improvements, Whitemarsh Township .. 
Construction of the Lamoille Valley Rail Trail 
for the Vermont Association of Snow Trav- 
elers 

1-76: Colorados Northeast Gateway 

Construct Maersk Terminal interchange in 

Portsmouth 

1-75 Welcom Project 



$160,000 
$4,000,000 

$2,440,000 

$8,000,000 

$800,000 

$200,000 

$1,200,000 

$1,720,000 
$533,334 

$400,000 

$800,000 

$3,040,000 

$400,000 
$1,200,000 
$320,000 
$800,000 
$432,000 
$2,640,000 
$425,520 

$2,960,000 

$250,000 
$1,600,000 

$800,000 
$1,200,000 



$5,814,789 
$6,133,334 

$1,600,000 
$200,000 



218 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1357 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Reconstruct North Washington Street Bridge 
to connect Boston and Charlestown 

Upgrade roads in Fayette (U.S. Highway 61 
and 33), JefiFerson County 

Heritage Center at the Grand Portage Na- 
tional Monument 

Redesign and reconstruction of the Putnam 
Rail-Trail, Bronx 

Highway 34/Corvallis Bypass Intersection 

Install traffic signal on Balboa Blvd. at 
Knollwood Shopping Center 

Chelsea Street Bridge Reconstruction 

Pedestrian Improvements for Northport, AL ... 

Construct widening of U.S. 50A irom Femley 
to Leeteville Junction 

Rebuild and widen Cemetery Road bridge over 
U.S. Bureau of Reclamation canal near 
OtheUo, WA 

Roadway construction of SW 62— SW 24 Ave- 
nue in Gainesville 

SR 2/Kelsey Street Intersection Improvements 
in Monroe 

Town of Southeast construction and repaving 
of town roads 

Reconstruct Third Ave. from Saginaw St. to 
Flint River, City of Flint 

Upgrade circvtit for gates and lights at 31st 
Street in Allentown, PA USDOT crossing 
number 592410G to constant warning time 
devices 

Construct U.S. 95 Widening from Rainbow 
Blvd. to Kyle Canyon 

Improve campus streets to increase pedestrian 
safety and ease vehicular congestion in the 
City of Anderson, Indiana 

Schaefferstown Bjrpass, PA Route 501, Leb- 
anon 

Design, engineering, ROW acquisition and 
construction of streetscaping enhemcements, 
paving, lighting, safety improvements, park- 
ing and roadway redesign in Dupont Bor- 
ough, Luzerne County 

Intersection improvement at Lake Dow Road 
and SR 81 Harris Drive at SR 42 

Replace South Access to the Golden Gate 
Bridge — Doyle Drive 

Resurface Yellow Banks Road, Franklin Coim- 
ty 

CR 52 from U.S. 31 (Pelham) and continuation 
of CR 52 in Jefferson County, known as 
Morgan Road, to 1-459, including proposed 
Highway 261 bypass around old town Hel- 
ena 

Intersection Reconstruction at U.S. 12-IL 31 
Tryon Grove Road 

Streetscape of Herald and Greeley Squares in 
New York City 

* * * * 



Amount 



2586 


MA 


2587 


MS 


--^2588 


MN 


2589 


NY 


2590 


OR 


2591 


CA 


2592 


MA 


2593 


AL 


2594 


NV 



2595 



2605 


GA 


^2606 


CA 


2607 


IL 


2608 


AL 



2609 
2610 



WA 



2596 


FL 


2597 


WA 


2598 


NY 


2599 


MI 


2600 


PA 


2601 


NV 


2602 


IN 


2603 


PA 


2604 


PA 



IL 

NY 



$4,000,000 

$320,000 

$1,400,000 

$500,000 
$2,100,000 

$96,000 

$9,000,000 

$213,334 

$4,000,000 

$160,000 

$1,600,000 

$832,000 

$240,000 

$2,400,000 

$220,000 
$6,400,000 

$1,600,000 
$1,600,000 



$160,000 

$480,000 

$8,000,000 

$320,000 

$8,000,000 
$720,000 
$400,000 



219 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1367 



Highway Projects 
High Priority F^jects — Continued 



No. 



State 



Project Description 



Amount 



2833 


PA 


2834 


AR 


2835 


CA 


2836 


NY 


2837 


lA 


2838 


PA 



2839 

2840 
2841 

2842 
2843 

2844 

2845 

2846 



2847 

2848 
2849 



NJ 

IL 
FL 

TX 
CA 

VA 

GA 

GA 



OH 

WV 
CA 



2850 


MA 


2851 


MI 


2852 
2853 


VA 
PA 


2854 


NJ 


2855 


OH 


2856 
2857 


CA 
IL 


2858 


MN 


2859 
2860 


FL 

UT 


2861 


CA 



Corridor improvements for PA 72 from PA 283 
to PA Turnpike 

Construction of 1-49, Hi^way 71: Highway 22 
to Highway 71 near Jenny Lind 

Provide landscape enhancement of an existing 
open culvert on Atherton Street, Long Beach 

Rehabilitate Guy Lombardo Avenue and con- 
struct drainage improvements and new side- 
walks and curb cuts in Freeport, NY 

1-35 interchange improvements, Ankeny 

Improve Freemansburg Avenue and its inter- 
sections at Route 33 

Pedestrian facilities and street Ugbting on 
Route 551 from Route 130 to Chestnut 
Street, Brooklawn 

1-57 and 1-294 Interchange 

New Kings Rd. Pedestrian Overpass and En- 
hancements, Jacksonville 

Grimes Co., TX Bridge Improvement Project ... 

Crenshaw Blvd. Rehabilitation, Maricopa St. 
to Sepulveda Blvd., City of Torrance 

Engineering and Right-of-Way for Interstate 
73 in Roanoke County 

Johnson Ferry Road Glenridge Drive Wid- 
ening, Abemathy Road to Hammond Drive .. 

Install walkways, bridges, lighting, land- 
scaping in Water Works Park and south 
along river through Ocmulgee Monument 
and Central City Park 

Intersection improvements and related road 
improvements in the City of Chardon, OH ... 

Construct Coalfields Expressway 

Improve pedestrian and biking trails within 
East Bay Regional Park District, Contra 
Costa County 

Berkshire County Bike Paths, Design and 
Construction 

Ogemaw County, Overlay of Fairview Road to 
improve network of all-season truck routes .. 

Old Mill Road Extension 

Construct Campbelltown Connector, Lebanon 

County 

Construct Rt. 40 Reconstruction from Rt. 77 to 

Elmer Lake, Elmer, Salem County 

Design and Construct Riverwalk and adjacent 

faciUties, Warren, Trumbull Co 

Realign SR 4 within the City of Oakley 

Construct recreational trail from Spring Creek 
Forest Preserve to Greene Valley Forest 

Preserve in DuPage County, IL 

Construct trail link between Bruce Vento Re- 
gional Trail and Mississippi River Corridor 

in St. Paul 

Construct Interstate-4/Crosstown Connector ... 
Add lights to roeid from Halchita to Mexican 

Hat on the Navajo Nation 

Construct off ramp at Interstate 8/Imperial 
Avenue Interchange, El Centro 



$800,000 
$6,000,000 
$1,200,000 



$956,000 
$4,000,000 

$1,600,000 



$320,000 
$2,400,000 

$1,600,000 
$400,000 

$800,000 

$1,200,000 

$2,000,000 



$6,160,000 

$489,600 
$5,760,000 



$800,000 

$4,000,000 

$295,680 
$800,000 

$2,000,000 

$2,400,000 

$1,200,000 
$1,600,000 

$320,000 

$1,200,000 
$800,000 

$200,000 

$2,400,000 



220 



119 STAT. 1370 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Monroe Area Highway-Railway Crossing Im- 
provements, City of Monroe 

Conduct study of new interchange at Routes 
161/37 and Cherry Valley Rosid in Licking 
County, Ohio 

Enfield, Connecticut make improvements to 
South Maple Street Bridge 

Conduct studies, if necessary, and construct 
infrastructure projects for Governor's Island 

Harlem River Park and Bikeway 

Make Improvements to Plainfield Cemetery 
Road 

Construct grade separation and interchange 
improvements at tJ.S. 521, Lancaster Coun- 
ty 

Replacement of the Magnolia Avenue Bridge 
over Routes 1 and 9 

Resurfacing of Frazho Road in Roseville 

Construct 213th Street pedestrian bridge to 
provide safe passage for pedestrians and 
wheelchairs, Cjirson 

Conduct impact studies for Missouri River 
Bridge siting in Kansas City, MO 

Construction of Lenwood Road Grade Separa- 
tion in Barstow, CA 

Improvements to Frankford Avenue fix»m 
Cottman Avenue to Harbison Avenue 

Revelop Hazeldell Road, Hamilton County, In- 
diana 

Road Improvements and upgrades to service 
road areas and miscellaneous projects with- 
in Northstar Borough 

Rehabilitation or replacement of highway-rail 
grade separations along the West Central 
Ohio Port Authority route in Champaign 
and Clark Counties 

Otsego County, Resurfacing and widening of 
Parmater Rd 

Realign West Main Street through Kelso 

Reconstruct State Route 109 from 1-40 in Wil- 
son County to Portland in Sumner Co\inty ... 

Redesigning the intersection of U.S. 322/High 
Street and Rosedale Ave 

Replacement of the Indian River Inlet Bridge, 
Sussex County, Delaware 

Construct link from 1-95 to I-IO thro\]^ Clay 
County with terminus points SR 23 to CAR 
739B 

Construct ramps and new bridge over Inter- 
state 35 at CSAH 17, and reconstruct CSAH 
17 from west County Line to CSAH 30, 
Chisago County 

Conduct multimodal study of Route 8 corridor 
between Beacon Falls-Sejrmour town line 
and Exit 40 



Amount 



2922 
2923 

2924 

_^2925 

2926 
2927 

2928 



2929 

2930 
2931 
2932 



2933 
2934 
2935 
2936 
2937 

2938 
2939 



2945 



2946 



MI 
OH 

CT 

NY 

NY 
CT 

SC 
NJ 



MI 
CA 



MO 
CA 
PA 
IN 
AK 

OH 

MI 



2940 


WA 


2941 


TN 


2942 


PA 


2943 


DE 


2944 


FL 



MN 



CT 



$5,120,000 

$2,000,000 

$2,328,000 

$3,200,000 
$800,000 

$160,000 

$800,000 

$800,000 

$0 

$1,024,000 

$800,000 
$4,000,000 
$1,200,000 
$1,000,000 

$800,000 

$5,000,000 

$288,000 

$294,400 
$2,000,000 

$800,000 

$1,200,000 

$4,800,000 

$4,000,000 

$5,616,595 
$800,000 



221 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1371 



Highway Projects 
High Priority Progects — Continued 



No. 



State 



Project Description 



Amount 



2947 



2948 



2949 



2957 



2958 
2969 

2960 
2961 

2962 

2963 



2964 
2965 



— ^2966 
2967 

2968 

2969 
2970 
2971 



AR 



AZ 



NY 



2950 


NY 


2951 


NY 


2952 


AL 


2953 


PA 


2954 


IL 


2955 


VA 


2956 


PA 



PA 



IN 
MI 

MA 
IL 

AZ 

MI 



PA 
CA 



OH 
OR 

GA 

WA 
IL 
MI 



Hwy 65 improvements in Van Buren County, 
including construction of passing lanes, 
bridge improvements, intersection improve- 
ments and other roadway improvements $1,200,000 

Scott Ranch Road. Navajo County — Connect 
White Mountain Road (SR 260) and Penrod 

Road (SR 77) $1,000,000 

Construction of Pedestrian and Bike Trail 
campus access and improvements, St. 

Bonaventure, NY $500,000 

Eastern Laurelton Area Improvements, 

Queens, New York $6,880,000 

Bicycle and pedestrian safety improvements. 

Main Street, Riverhead $1,200,000 

Construct County Road 83 corridor from Foley 

Beach Express to I-IO $8,000,000 

Design and construct improvements to PA 465 
from Walnut Bottom Rd. to PA 641 and at 

1-81 Exit 44 $3,096,400 

Reconstruct and Widen Route 60 Bridge over 

1-94 in Lake Forest $9,000,000 

Improve Downtown Staunton, Virginia, 

Streetscape $1,200,000 

Route 322 Halls Run Upgrades from the inter- 
section of Horsecreek Road to Mapleshade 

Road— Venango County $1,360,000 

Design, engineering, ROW acquisition and 
construction of streetscaping enhancements, 
paving, lighting, safety improvements, peirk- 
ing and roadway redesign in Wilkes-Barre ... $2,000,000 

SR 56 Reconstruction, Aurora, Indiana $4,096,000 

Study and implement transportation system 
alternatives in the vicinity of U.S. 31/M 46 .. $2,800,000 

Longfellow Bridge Rehabilitation $3,000,000 

For Village of Bolingbrook to construct Rem 

ington Blvd. extension $400,000 

Design and Construction of Rio Salado Pedes- 
trian Bridge in Tempe, AZ $2,400,000 

Study to determine replacement options for 
obsolete and structurally deteriorating 
bridge (Trenton- Grosse Isle Bridge) includ- 
ing approach roadways. Charter Coimty of 

Wayne $3,200,000 

Mount Joy Bridge Replacement on Route 230 $360,000 

Modifies 9 traffic signals between Willow Road 
and Middlefield Road and Hamilton Avenue, 

Menlo Park $240,000 

Summit County Engineer Reconstruct Access 

Roads to Cuyahoga Valley National Park $400,000 

To study the feasibility of widening Hwy 26 
from the Hwy 217 interchange to the 

Cornelius Pass exit $992,000 

Athens-Clarke County Greenway Enhance- 
ment Project $1,856,000 

Improve Wahkiakum Coimty Ferry landing .... $250,000 

Irving Park Bridge over the Chicago River $3,200,000 

Design, right-of-way and construction of pass- 
ing relief lanes and improvements necessary 
on M-55, between M-37 and M-115 $1,760,000 

****** 



222 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1375 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Construct interchange improvements at SR 46 
and 82 in Howland Township, Trumbull Co 

Widen and construct U.S. 84 Connector By- 
pass from west of U.S. 84 SR 119 west of 
Hinesville to U.S. 84 SR 196 south of 
Flemington, Liberty County, Georgia 

Project is a stand-alone roadway improvement 
consisting of the complete reconstruction of 
the roadway. The Village of Forest Park 

Jackson Freeway Modernization Project. 1-94 
Modernization Project from Michigan State 
Route 60 [M601 easterly to Sargent Road 

Smart Travel and Traffic Management Sys- 
tems in Sfilem and Statuiton District, Vir- 
ginia 

Construct Great Miami River Multi-Use Trail, 
Miami County, Ohio 

Rock Creek Recreational Trail study to assess 
feasibUity of constructing recreation trail 

Study road runoff in Little Black Creek be- 
tween U.S. 31 and Seaway Drive 

Conducts environmental review of proposed 
improvements related to the connection of 
Dumbarton Bridge to Highway 101 

Construction of and improvements to Union 
Rosid in West Seneca 

Upgrade 1-43 between State Highway 140 and 
East County Line in Rock County, Wis- 
consin 

Separation of the intersection of 13th Street 
and the Lehigh Rail Line through bridge or 
tunnel in Manville, NJ 

Construct parking facility and improve access 
to Imperial Valley Expo 

Develop bicycle paths and pedestrian access to 
Third Avenue, Chula Vista 

Upgrade County Highways 18 and 22 in con- 
junction with State 1-57 interchange plan 
north of Mattoon 

Widen and Reconfigure Sepulveda and Culver 
Boulevards, Culver City 

Construct interchange or other appropriate ac- 
cess on IR 70 west of existing mall road exit 
in Belmont County 

Widen and expand the existing roadway and 
railroad overpass in the Houghton Road 
Corridor 

Construction of Duncan Bypass Grade Separa- 
tion 

Pine Needles Widening and Bridge Replace- 
ment 

Olsen Road widening and roadway improve- 
ments in Simi Valley, California 

Streetscape project to upgrade sidewalks, 
lighting and streets, JefTersonville 

Implement Diamond Grinding Measures on I- 
95, 1-278, Mosholu Parkway, 1-495, Grand 
Central Parkway, and Richmond Parkway ... 



Amount 



3054 
3055 

3056 

3057 

3058 

3059 

— > 3060 

3061 



OH 
GA 

IL 

MI 

VA 

OH 
DC 

MI 



3062 
3063 


CA 

NY 


3064 


WI 


3065 


NJ 


3066 


CA 


3067 


CA 


3068 


IL 


3069 


CA 


3070 


OH 


3071 


AZ 


3072 


OK 


3073 


SC 


3074 


CA 


3075 


GA 


3076 


NY 



$450,000 

$2,400,000 

$800,000 

$12,800,000 

$400,000 

$1,016,000 

$800,000 

$320,000 

$400,000 
$800,000 

$2,400,000 

$844,000 
$302,000 
$240,000 

$1,600,000 
$2,192,000 

$6,935,000 

$4,000,000 
$2,400,000 
$1,600,000 
$1,680,000 
$500,000 

$700,000 



223 



119 STAT. 1376 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



3077 

3078 
3079 

3080 

3081 
3082 
3083 

3084 

3085 

3086 



MD 

WA 
WI 

LA 

NY 
NY 
OH 

MS 

CA 

CA 



3087 


OR 


3088 


LA 


3089 
3090 


GA 
KY 


3091 


OH 


3092 


CA 


3093 


TN 


3094 


PA 


3095 


GA 


3096 


OH 


3097 
3098 


OR 
CA 


3099 


CA 


3100 


OH 


3101 


NM 


3102 


NJ 


3103 


LA 


3104 


PA 


* 





Upgrade Conduit System for Traffic Signal 
^sterns, Street Lighting, and Traffic-related 
Video Cameras for Baltimore 

5th Street^S 2 Signalization Improvements 
in Sultan 

Implementation of recommendations contained 
in 2005 Safe Routes to School in Superior 
plan 

Widen and improve LaPalco Boulevard from 
Westwood Drive to U.S. 90, Jefferson Parish 

Realign Kirk Lake Drive in Carmel 

Town of Somers road reconstruction 

Upgrade grade crossing safety devices in Elyr- 
ia and North Ridgeville 

Widen and improve Martin Bluff Road, 
Gautier 

Widen and reconstruct Washington Blvd. from 
westerly city boundary at Vernon to 1-5 Fwy 
at Telegraph Rd. in Commerce 

San Diego, CA Interstate 5, Sorrento Valley 
Road and Genesee Avenue Interchange 
Project 

Widen 1-5 between Portland, Oregon and Van- 
couver, Washington 

North-South Corridor from Houma/Thibodaux 
toI-10 

Warren Coxmty 1-20 Frontage Road 

Widen KY 11 from U.S. 460 to the Mount 
Sterling Bypass, Montgomery County 

Traffic and safety improvements to county 
roadways in Geauga County, OH 

Develop bicycle paths and public park space 
adjacent to the New River, Calexico 

Construction of the Foothills Parkway in the 
Great Smoky Mountains National Park 

Improvements to Torresdale Avenue from 
Harbison Avenue to Cottman Avenue 

Butner Road and Stonewall Tell Road, Fulton 
County 

Construction of highway-rail grade separations 
at intersections in Lima to improve motorist 
and pedestrian safety 

Siuslaw River Bridge, Florence 

Construct Cypress Avenue over-pass to sepa- 
rate Interstate 10 and Union Paciiic Rail- 
road tracks in Fontana 

Modify and reconfigure Kanan Road inter- 
change along U.S. 101 in Agoura Hills 

Upgrade and widen intersection for SR 14 in 
Washingtonville 

Upgrade NM 434 from Mora north to Black 
Lake 

Upgrade of Tumpike/Houte 440 Interchange in 
Bayonne 

Widen LA 18 from Northrup Grumman/ 
Avondale Shipyards to U.S. 90, Jefferson 
Parish 

Widen PA 896 between Strasburg Borough 
and U.S. 30 



$960,000 
$80,000 

$480,000 

$3,200,000 

$88,000 

$400,000 

$761,600 

$2,400,000 

$2,400,000 

$1,600,000 

$3,200,000 

$4,000,000 
$4,000,000 

$2,000,000 

$456,000 

KOOO.OOO 

$7,500,000 

$1,000,000 

$800,000 



$2,600,000 
$4,250,000 



$2,400,000 
$4,000,000 
$800,000 
$1,200,000 
$3,200,000 

$2,000,000 
$960,000 



224 



119 STAT. 1380 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

TH 36-Stillwater Bridge, ROW acquisition and 
Utility Relocation 

To construct Veterans Memorial Drive Exten- 
sion. Will link Mount Vernon on the east 
side of 1-57 with incorporated area lying 
west 

1-494 U.S. 169 Interchange Reconstruction, 
Twin Cities Metropolitan Area, Minnesota ... 

Jackson County Industrial Park Access Road, 
Hollywood 

North-South Corridor between Archer Rozid 
and Newberry Road 

Construct access road and a bridge crossing 
the Naknek River terminus points in South 
Naknek-King Salmon Highway 

Route 303 Orangebtirg Road and Route 340 
and Erie Street intersection 

Upgrade roads in Port Gibson (U.S. Highway 
61), Claiborne County 

Construct Horsestamp Road Interchange on I- 
95 in Camden County, Georgia 

Upgrade Route 94 in St. Charles County from 
East of Harvester road to West of Mid-Riv- 
ers Drive 

Upgrade the 1-71 interchange with SR 665 
and widen SR 665 from Hoover Road on the 
east to a relocated Haughn Road on the 
west, in Grove City, OH 

Village of Highland Falls repaving and side- 
walk construction of Berry Hill Road 

Westmoreland County, Pennsylvania, four 
lane limited access facility connecting State 
Road 119 to the Pennsylvania Turnpike 
(Sony Connector) 

Edison National Historic Site TreifHc Improve- 
ment Project to improve traffic flow and pro- 
mote safety 

Construction of Eldamain Road over the Fox 
River 

Construction of a trafiic signal at the intersec- 
tion of Oso Ave. and Vanowen St 

Reroute U.S. 97 at Redmond, OR and improve 
the intersection of U.S. 97 and Oregon 126 .. 

Widen and realign Cherry Avenue from 19th 
Street to one block south of Pacific Coast 
Highway, Signal Hill 

Fort Smith, Arkansas: Improvements to Jenny 
Lind Rd. and IngersoU Rd 

Widen Pearl Road in Strongsville 

Interstate 5 and State Route 78 Interchange 
Improvements 

Improvements to SH 3 from Antlers to Broken 
Bow 

C!onstruct the Albany Bypass in Clinton Coun- 
ty 

Highway 74 and Interstate 215 Interchange 
Project 



Amount 



3186 


MN 


3187 


IL 


3188 


MN 


3189 


AL 


3190 


FL 


3191 


AK 


3192 


NY 


3193 


MS 


3194 


GA 


3195 


MO 



3196 

3197 
3198 

.3199 



3204 



OH 

NY 
PA 

NJ 



3200 


IL 


3201 


CA 


3202 


OR 


3203 


CA 



AR 



3205 


OH 


3206 


CA 


3207 


OK 


3208 


KY 


3209 


CA 



$4,000,000 

$800,000 
$4,000,000 

$800,000 
$2,400,000 

$3,000,000 
$800,000 
$320,000 
$800,000 

$9,600,000 

$11,200,000 
$60,000 

$3,200,000 

$192,000 
$4,000,000 

$100,000 
$5,600,000 

$3,200,000 

$6,000,000 
$800,000 

$4,000,000 

$5,000,000 

$4,800,000 

$800,000 



225 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1381 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



3210 



3215 



3227 



SC 



3211 


WA 


3212 


OH 


3213 


OH 


3214 


MN 



NJ 



3216 


HI 


3217 


CT 


3218 


IN 


3219 


PA 


3220 


CA 


3221 


CT 


3222 




3223 


CT 


3224 


NJ 


3225 


OR 


3226 


OK 



MO 



Improve intersection and corridor on U.S. 278 
to improve safety. Poss build frontage roads 
widen road and change traffic controls 

Port of Bellingham Transportation Enhance- 
ment Projects 

Rehabilitation of SR 53 from Miami St. to 
Norf^ city limits including approaches to the 
CSX railroad bridge, City of Tiffin 

Upgrade U.S. Route 30 between State Route 
235 and Upper Sandusky in Hancock and 
Wyandot Counties 

Main Street streetscape reconstruction, 2nd 
Street from Ash Ave. to State Hwy 2, and 
Grand Utiey Ave. from 2nd Street to 6th 
Street N. across State Hwy 2, Cass Lake 

Warren County, NJ Route 57 and Counly 
Route 519 Intersection Improvements 

Widen Queen Kaahumanu Highway 

Widen Route 34, Derby 

Construction of County Road 17 — ^Elkhart, IN 

Widen Route 666 in Forest County 

Upgrade Jepson Parkway at North and South 
Gates of Travis Air Force Base and widen 
Vanden Road segment, Solano County 

Widen Route 67, Seymour 



3228 


TX 


■ 3229 


CA 


3230 


KY 


3231 


LA 


3232 


NY 


3233 


NV 


3234 


OH 


3235 


PA 


3236 


GA 



Widen Canal Street, Shelton, CT 

Construct CR 521/Ocean Drive and Middle 
Thoroughfare Bridge Replacement, Cape 
May County 

1—205 widening, Clackamas Coxmty 

Construct interchange south of 1-40 along In- 
dian Nation Turnpike near Henryetta 

Complete upgrade of U.S. 40-61 to interstate 
status on two section, from 1-70 to Lake St. 
Louis exit and Highway K to Highway DD .. 

Abilene, TX, Dyess Air Force Base North 
Ents-y Access Project with related improve- 
ments 

Construction and enhancements of trails in 
the Santa Monica Mountains National 
Recreation Area 

Construct South Airfield Road, Boone County, 
Kentucky 

Construction of pedestrian and bike path adja- 
cent to Tammany Trace Rails-to-Trails Cor- 
ridor 

Construction of pedestrian walkways in Vil- 
lage of Northport 

Design and Construction of 1-80 interchange 
in Femley 

Eastgate Area Improvements, 1-275 and SR 
32, Clermont County 

Pennsylvania Turnpike-Interstate 95 Inter- 
change Project, Bucks Coxmty, PA 

Commission a study and report regarding con- 
struction and designation of a new Inter- 
state Unking Augusta, Macon, Coliunbus, 
Montgomery, and Natchez 



$9,600,000 
$7,280,000 

$800,000 

$8,072,000 

$1,520,000 

$2,160,000 
$2,400,000 
$2,400,000 
$4,000,000 
$1,200,000 



$3,200,000 

$800,000 

$0 

$400,000 



$1,600,000 
$1,600,000 

$200,000 



$1,600,000 

$11,120,000 

$800,000 
$2,400,000 

$160,000 

$80,000 

$1,600,000 

$3,360,000 

$8,000,000 

$80,000 



226 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1387 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



3368 
3369 

~>3370 
3371 
3372 
3373 



3375 

3376 

3377 

3378 
3379 
3380 

3381 



FL 

NY 

PA 
NY 
AL 
PA 



-> 3374 OH 



TX 
TX 
GA 



FL 
WY 

NJ 



3382 


FL 


3383 


NH 


3384 


MI 


3385 


KY 


3386 


TX 


3387 


CA 


3388 


FL 


3389 


NH 


3390 


VA 


3391 


PA 


3392 


OK 


3393 


GA 



Acquire Right-of-Way for Ludlam Trail, 

Miami, Florida 

Construct Northern State Parkway and LIE 

access at Marcus Ave. and LakevUle Rd. and 

associated Park and Ride 

Construct interim U.S. 422 improvements at 

Valley Forge river crossing 

Design and construction of Renaissance 

Square in Rochester, NY 

Alabama Hwy 36 Extension and Widening — 

Phase II 

Northfield site roadway extension firom Rt. 60 

to Industrial Park near the Pittsburgh 

International Airport 

Plan and construct pedestrian trail along the 

Ohio and Erie Canal Towpath Treiil in 

downtown Akron, OH 

Reconstruct 1-30 Trinity River Bridge — Dallas, 

TX 

Reconstruct 1-30 Trinity River Bridge — Dallas, 

TX 

Construction of interchange on 1-985 north of 

SR 13, Hall County, Georgia 



Temple Terrace Highway Modiiication 

Burma Rd: Extension from 1-90 to Lakeway 
Rd 

Construct Western Blvd. extension fixim 
Northern Blvd. to S.H. Rt. 9, Ocean County, 
NJ 

Powerline Rearvision motor carrier backover 
motor carrier safety research 

Environmental mitigation at Sybiak Farm in 
Londonderry to offset effects of 1-93 im- 
provements 

East Grand River Improvements, Brighton 
Township, Michigan 

Replace Brent Spence Bridge, Kenton County, 
Kentucky 

Construction of projects that relieve congestion 
in and around the Texas Medical Center 
complex 

Hazel Avenue ITS Improvements, Folsom 
Blvd. to Placer County 

SR 688 Ulmerton Road widening (west of 38th 
street to west of 1275) 

Environmental mitigation at Crystal Lake in 
Manchester to offset effects of 1-93 improve- 
ments 

Widening 1-95 between Rt. 123 and Fairfax 
County Parkway 

Armstrong Cotinty, PA Slatelick Interchange 
for PA 28 at SR 3017 

Reconstruct the 1-44— Fort Still Key Gate 
Interchange 

Greene County, Georgia conversion of 1-20 
and Carey Station Road overpass to fiill 
interchange 



$200,000 

$1,360,000 
$800,000 

$1,600,000 
$240,000 

$400,000 

$760,000 

$27,200,000 

$800,000 

$800,000 

$0 

$800,000 

$1,600,000 

$3,200,000 
$800,000 

$1,200,000 
$1,600,000 
$1,600,000 

$9,600,000 

$400,000 

$8,000,000 

$1,520,000 
$800,000 

$1,920,000 
$800,000 

$1,600,000 



227 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1389 



H^hway Projects 
High Priority fVojects — Continued 



No. 



State 



F*roject Description 



Amount 



3420 
3421 

3422 

3423 
3424 

3425 
3426 



IL 
TN 

CA 

LA 
LA 

FL 
GA 



3427 


VA 


3428 


MI 


3429 


TN 


3430 


UT 


3431 


OH 


3432 


OH 


3433 


TX 


3434 


OR 


3435 


NY 


3436 


NY 


3437 


NY 


3438 


NY 


3439 


CA 


3440 


TX 


3441 


CA 


3442 


NJ 


^3443 


NJ 



For Cook County to reconstruct and widen 
127th Street between Smith Road and State 

Street in Lemont 

Widen 1-65 from SR 840 to SR 96, including 
interchange modification at Goose Creek By- 
pass, Williamson County 

Auburn Boulevard Improvements, City of Cit- 
rus Heights 

Bossier Parish Congestion Relief 

Fund the 8.28 miles of the El Camino East- 
West Corridor along LA 6 from LA 485 near 

Robeline, LA to 1-49 

Bryan Dairy Road improvements from Starkey 

Road to 72nd Sla-eet 

Buckhead Community Improvements to reha- 
bilitate State Road 141, including lane 
straightening, addition of median, instEdla- 
tion of left turn bays at two intersections, 
addition of bicycle lanes, sidewalks, clear 

zones and landscape buffers 

Purchase specialized tunnel fire safety equip- 
ment, Hampton Roads 

Holmes Road Reconstruction — From Prospect 
Road to Michigan Avenue, Charter Town- 
ship of Ypsilanti 

Construct a system of greenways in Nash- 
ville — Davidson County 

Improve pedestrian and traffic safety in Holla- 
day 

Construction of road improvements from Rich- 
mond Road to Cuyahoga Commimity Col- 
lege, Warrensville Heights 

Construct road with access to memorial 

Shoreway, Cleveland 

North Cameron County East-West Railroad 

Relocation Project 

Construct Pathway Prom Multimodal Transit 

Station to Swanson Park, Albany 

Transportation Initiative to provide for a park- 
ing facility, in the vicinity of the Manhattan 

College Community 

Phase II Coming Preserve Transportation En- 
hancement Project 

Study of goods movement through 1-278 in 

New York City and New Jersey 

Study and Implement Traffic Improvements to 
the area surrounding the Stillwell Avenue 

train station 

Expand Diesel Emission Reduction Program of 

Gateway Cities COG 

Construct pedestrian walkway on Houston 

Texas' Main Street Corridor 

Sacramento County, California — ^Watt Avenue 
Multimodal Mobility Improvements, Kiefer 

Boulevard to Fair Oaks Boulevard 

Passaic River — ^Newark Bay Restoration and 

Pollution Abatement Project, Route 21 

Downtown West Orange streetscape and traf- 
fic improvement program I 



$360,000 



$776,000 

$400,000 
$2,400,000 



$1,600,000 
$3,200,000 



$800,000 
$640,000 

$1,600,000 

$800,000 

$2,000,000 

$1,080,000 

$800,000 

$80,000 

$520,000 

$500,000 
$4,800,000 
$1,200,000 

$1,000,000 
$2,480,000 
$1,000,000 

$3,200,000 

$400,000 
$1,440,000 

* * 



228 



119 STAT. 1392 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — ContiDued 



No. 



State 



Project Description 

Construction of and improvements to Hopkins 
Street, BuflFalo 

Construction of and improvements to Main 
Street in the Town of Aurora 

Construction of and improvements to McKin- 
ley Parkway, Buffalo 

Construction of and improvements to Route 5 
in the Town of Hamburg 

Construction of and improvements to South 
Park Avenue and Lake Avenue in the Vil- 
lage of Blasdell 

Construction of and improvements to South 
Park Avenue, Buffalo 

Construction of Bicycle Path and Pedestrian 
Trail in City of BuflFalo 

Construction, redesign, and improvements to 
Fargo Street in Buffalo 

Improve existing two lane highway to a five 
lane facility on Stete Route 53 from South of 
1-24 to Near Parks Creek Road, CoflFee 
County 

Improve portions of Route 116 between Lin- 
coln and Medway to bring road up to mod- 
em standard 

Improve portions of Route 26 between Bethel 
and Oxford 

Road improvements and signage in City of 
Lackawanna 

Belmont Ave. Gateway Community Enhance- 
ment Project, Haledon 

Conduct feasibility study for an oflF ramp on I- 
30 on to Hall Street for direct access to 
Baylor University Medical Center in Dallas 

Livingston Pedestrian Streetscape Project 
along Mount Pleasant and Livingston Ave- 
nues 

MD4 at Suitland Parkway 

Pompton Lakes Downtown Streetscape 

Street improvements along North Broad 
Street, Hatfield Borough 

Street improvements to Old York Road, 
Jenkintown Borough 

Street improvements to Ridge Pike and Josh- 
ua Road, Whitemarsh Township 

Street improvemente to Skippack Pike (Rt. 
73), Whitpain Township 

Street Improvements, Upper Dublin Township 

Street Improvements, Upper Gwynedd Town- 
ship 

Construct access road and roadway improve- 
ments to Chessie development site, Clifton 
Forge 

Fruitdale and McGarigle Arterial Improve- 
ments Project in Sedro Woolley, Washington 

Improve Ridge Road, Pearl River County 

Port Bienville Intermodal Connector, Hancock 
County 

Realign Airport Road/Springhetti AveTMarsh 
Road in Snohomish Coimty, Washington 



Amount 



3497 


NY 


3498 


NY 


3499 


NY 


3500 


NY 


3501 


NY 


3502 


NY 


3503 


NY 


3504 


NY 


3505 


TN 



3506 



ME 



3507 


ME 


3508 


NY 


3509 


NJ 


3510 


TX 


3511 


NJ 


->3512 
3513 
3514 


MD 

NJ 
PA 


3515 


PA 


3516 


PA 


3517 


PA 


3518 
3519 


PA 
PA 


3520 


VA 


3521 


WA 


3522 
3523 


MS 
MS 


3524 


WA 



$160,000 
$400,000 
$400,000 
$400,000 

$400,000 

$160,000 

$640,000 

$1,600,000 

$4,400,000 

$3,500,000 

$1,000,000 

$400,000 

$400,000 

$800,000 

$720,000 

$4,000,000 

$800,000 

$100,000 

$800,000 

$640,000 

$480,000 
$1,200,000 

$300,000 

$1,040,000 

$760,000 
$800,000 

$2,400,000 

$250,000 



229 



119 STAT. 1398 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



3671 


KY 


3672 


AZ 


3673 


AK 


->3674 


DC 


3675 


KY 


3676 


OR 


3677 


AK 


3678 


AK 


3679 


AK 


3680 
3681 
3682 


AK 
AK 
AK 


3683 


AK 


3684 
3685 
3686 
3687 


AK 
AK 
AK 
AK 



3688 



AK 



3689 


AK 


3690 


AK 


3691 
3692 
3693 


AK 
AK 
AK 


3694 


AK 


3695 


AK 


3696 
3697 
3698 


AK 
AK 
AK 


3699 


AK 


3700 


AK 



The Kentucky Multi-Highway 
Project (plus-up) 

Pave remaining stretch of the Turquoise Trail, 
BIA Route 4, which is a north-south road 
that joins AZ HW 160 in the north to AZ 
HW 264 in the south portion of BIA Route 4 

Improve marine intermodal facilities in Ketch- 
ikan 

Highway improvements to improve access to 
the Kennedy Center 

Construct two bridges across the Ohio River 
from Louisville to southern Indiana (plus- 
up) 

TrtmsPacific Parkway Realignment Project, 
Coos Counly 

Planning, Design, and Construction of Knik 
Arm Bridge 

Intermodel facility improvements at the Port 
of Anchorage 

Upgrade city roads and construct a road and 
acquire a hovercraft to transit the bay be- 
tween King Cove and Cold Bay in King Cove 

Municipal Road Paving — Kotzebue 

Various Road Improvements in Petersburg 

Construction and Improvements at Alaska Pa- 
cific University 

Various road improvements in the City of 
Kenai 

Float Plane Road in Aleknagik 

Olympic Circle road paving in Gridwood 

Coffman Cove road paving in Coffinan Cove .... 

Port Saint Nicholas road improvements in 
Craig 

Construction of a road between Lake Lucille 
and Big Lake in Matanuska-Sustina Bor- 
ough 

Hatcher Pass Ski Development Road in 
Matanuska-Sustina Borough 

Access roads for the Barrow Arctic Research 
Center in Barrow 

Intermodal ferty dock in Hoonah 

Construction of relocation road in Shishmaref 

Improvements to Lake Camp Road in Bristol 
Bay Borou^ 

Study on the feasibility of constructing a nat- 
ural gas pipeline from the North Star Bor- 
ough to South Central Alaska along the ex- 
isting transportation corridors 

Soldotna: Keystone Drive Road improvements 
in Soldotna 

Metlakatla: Walden Point Road 

Anchorage: Traffic Congestion Relief 

Bristol Bay: Transportation improvements to 
the access road and a bridge crossing at the 
Naknek River 

Statewide: Road culvert replacement and re- 
pair to improve fish habitat 

Construction of a ferry between Anchorage 
and Port MacKenzie 



$320,000 

$1,600,000 

$14,000,000 

$4,000,000 

$10,000,000 

$350,000 

$28,425,000 

$25,000,000 



$3,700,000 
$2,000,000 
$2,000,000 

$3,000,000 

$1,000,000 

$1,000,000 

$500,000 

$375,000 

$3,000,000 



$2,000,000 

$1,000,000 

$3,000,000 
$2,000,000 
$5,000,000 

$3,000,000 



$2,000,000 

$3,000,000 
$5,000,000 
$5,000,000 



$3,000,000 
$5,000,000 
$5,000,000 



230 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1399 



Highway Projects 
High Priority Projects — Continued 



No. 



SUte 



Project Description 

Aleknagik: Wood River Bridge, or design, engi- 
neering, permitting, and construction 

Chignik: Inter-Village Road, for design, engi- 
neering, permitting, and construction 

Kotzebue: Cape Blossom Road, for design, en- 
gineering, permitting, and construction 

Fairbanks: Tanana River Bridge replacement, 
for design, engineering, permitting, and con- 
struction 

Transportation Improvements in Cook Inlet 
for the Westside developmentAVilliamsport- 
Pile Bay Road 

Fairbanks/North Star Borough: Road improve- 
ments to service roads and other misc 

Upgrades for road access to McCarthy, AK, for 
design, engineering, permitting, and con- 
struction 

Upgrades on the Dalton Highway, for design, 
engineering, permitting, and construction .... 

Kotzebue: Municipal Road Paving Project 

Crooked Creek: Road to Donlin Mine, for de- 
sign, engineering, permitting, and construc- 
tion 

Kenai: Borough road improvements 

Wrangell: Road improvements 

Petersburg: Road improvements, including but 
not limited to design, engineering, permit- 
ting, and construction 

Ketchikan: Improve marine dry-dock and fa- 
cilities 

Southeast: Planning, design, and EIS of 
Bradfield Canal Road 

Gustavus: Dock replacement for the Alaska 
Marine Highway 

Upgrades on the Richardson Highway, includ- 
ing but not limited to design, engineering, 
permitting, and construction 

Bethel: Dust Control Mitigation for Rural 
Roads 

Nome: Dust Control Mitigation for Rural 
Roads 

Sitka: Improvements to Indian River Road, in- 
cluding but not limited to design, engineer- 
ing, permitting, and construction 

Anchorage: handicapped and pedestrian access 
construction, surfacing and other improve- 
ments for 2006 National Veterans' Wheel- 
chair Games 

Statewide: Mobility coalition — Job access 
transportation 

AK-North Pole: Homestead Road/North Pole 
High School Boulevard Extension Project 

Fairbanks: O'Connor Road Bridge Replace- 
ment 

Anchorage: Transportation Improvements to 
the Creekside development 

Anchorage: Dimond Center Intermodal Facil- 
ity, including but not limited to design, engi- 
neering, permitting, and construction 

* it * -k 



Amount 



3701 


AK 


3702 


AK 


3703 


AK 


3704 


AK 



3705 

3706 
— >3707 

3708 



AK 

AK 
AK 

AK 



3709 
3710 


AK 
AK 


3711 
3712 
3713 


AK 
AK 
AK 


3714 


AK 


3715 


AK 


_^3716 


AK 


3717 


AK 


3718 


AK 


3719 


AK 


-^3720 


AK 


3721 


AK 


3722 


AK 


3723 


AK 


3724 


AK 


3725 


AK 


3726 


AK 



$3,000,000 
$6,000,000 
$5,000,000 

$5,000,000 

$2,000,000 
$5,000,000 

$5,000,000 

$4,500,000 
$2,000,000 



$2,000,000 
$2,500,000 
$4,000,000 



$1,500,000 
$2,000,000 
$2,000,000 
$3,000,000 

$4,500,000 
$1,500,000 
$1,500,000 

$500,000 

$2,000,000 
$250,000 
$500,000 
$250,000 

$3,000,000 

$2,500,000 



231 



119 STAT. 1408 



PUBLIC LAW 109-59— AUG. 10, 2005 



ICghway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



3925 
3926 
3927 
3928 
3929 
3930 
3931 



GA 
GA 
GA 
GA 
GA 
GA 
GA 



3932 


GA 


3933 


GA 


3934 


GA 


3935 


GA 


3936 


GA 


3937 


GA 


3938 


GA 


3939 
3940 


GA 
GA 



Hwy 78 Corridor Improvement Gwinnett 
County 

Transportation improvements to 1—285 inter- 
change at Atlanta Rd. Cobb Co 

Queens Road widening and reconstruction 
Cobb Co 

Widening Cedarcrest Rd. from Paulding Co. to 
Governor's Towne 

City of Duluth sidewalk and streetscape im- 
provements 

East Hiram Parkway, from SR 92 to U.S. 278, 
Paulding County new location 

Transportation improvements to U.S. 84 Con- 
nector/Bypass from west of U.S. 84/SR 119 
west of Hinesville to U.S. 84/SR 196 south of 
Flemington, Liberty County 

Transportation improvements to SR 746/SE 
Rome Bypass from SR 101 U.S. 411 Floyd 
Co 



3941 


GA 


3942 


GA 


3943 


GA 


3944 


GA 


3945 


GA 


3946 


GA 


3947 


GA 


3948 


GA 


3949 
_^3950 


GA 
GA 



Transportation improvements to 1-575 from I- 
75/Cobb north to Sixes Rd/Cherokee for 
HOV 

Upgrade SR 316 from 1-85 to SR 10 Loop, 
Gwinnett, Barrow, Oconee Counties new 
interchanges and HOV lanes 

SR 204/Abercom Street from King George 
Boulevard to Rio Road widening 

SR 96 from 1-75 to old Hawkinsville Road 
widening and reconstruction 

SR 40 from west of CR 61 to SR 25/US 17 wid- 
ening 

SR 247 Connector Improvements from SR 11/ 
US 41 to SR 247, Warner Robbins widening 
and intersection 

I-285/I-20 West — Reconstruct interchange 

Johnson Ferry Road/Glenridge Drive widening 
fium Abemathy Road to Hammond Drive, 
Fulton County 

SR 15 From Clayton City limits to North 
Carolina lane widening 

SR 105 from Cannon Bridge Road to Walnut 
Street widening 

SR 369 from Cherokee Circle to CR 267/High- 
tower Circle Truck Lanes, Forsjrth County 
passing lanes 

SR 369 widening from SR 9 to SR 306 and 
interchange at SR 400, Forsyth County 

Widen SR 20 from CR 293 to CS 5231, Forsyth 
County 

Transportation improvements to SR 306 at CR 
65/Waldrip Road, Forsyth County 

Transportation improvements to U.S. 411 Con- 
nector from U.S. 41 to 1-75, Bartow County 

Construct access roads on Airport Loop road in 
Hapeville 

Warren Coimty 1-20 Frontage Road 

Kennesaw National Battlefield Park for land 
acquisition in carrjdng out viewshed protec- 
tion and wildlife abatement 



$4,000,000 
$18,000,000 

$1,500,000 
$500,000 
$300,000 

$1,000,000 

$1,000,000 

$1,000,000 

$1,000,000 

$1,000,000 
$1,000,000 
$1,000,000 
$1,000,000 



$2,000,000 
$2,000,000 



$2,500,000 
$2,000,000 
$2,000,000 

$1,500,000 

$1,900,000 

$1,600,000 

$2,200,000 

$2,000,000 

$3,000,000 
$5,000,000 

$3,000,000 



232 



119 STAT. 1420 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Upgrade LA 28 to four lanes fipom LA 121 to 
LA 465 

Rehabilitation of Street Routes Project in Bo- 
galusa 

Construction of I— 10 Access Rd., Crowley, LA 

Replace Kemer Ferry Bridge JeSerson Parish 
BajTou Barataria 

Peters Road improvements in Plaquemines 
Parish 

Improvements to LA 46 in St. Bernard Parish 

Baton Rouge Intelligent Transportation Sys- 
tem 

Reconstruct Chelsea Street Bridge in Boston .. 

Design and construct downtown roadway and 
streetscape enhcmcements in Worcester 

Design and construct Rt. 24 Interchange in 
Fall River and Freetown 

Design and construct multimodal improve- 
ments and faciUties in New Bedford 

Construct access improvements to the Law- 
rence Gateway Project, Lawrence 

Construct pedestrian and vehicular access im- 
provements on the existing Brightman 
Street Bridge in Fall River 

Northern Avenue Bridge rehabilitation in Bos- 
ton 

Construct Phase II of the Quincy Center Con- 
course Extension in Quincy 

Design £md construct downtown roadway and 
streetscape improvements in North Adams .. 

Construct Holyoke Canalwalk and streetscape 
improvements in Holyoke 

Road improvements between Museimi Road 
£md Forsyth Way in Boston 

Design and construct access improvements 
and intermodal facilities at the former 
South Weymouth Naval Air Station in 
South We)rmouth 

Design and construct Boston National Park 
traveler information system and visitor cen- 
ter in Boston 

Construct Haverhill intermodal center access 
and vehicle capacity improvements in Ha- 
verhill 

Design and construct roadway and streetscape 
improvements in Franklin 

Construct Lechmere Station area roadway and 
access improvements in Cambridge 

Design and construct Assembly Square 
multimodal access improvements in Somer- 
ville 

Construct downtown roadway and corridor im- 
provements in Gloucester 

Construct the Blackstone River Bikeway and 
Worcester Bikeway Pavilion between Provi- 
dence, RI and Worcester 

Construct Melnea Cass Corridor improve- 
ments in Boston 



Amount 



4268 


LA 


4259 


LA 


4260 


LA 


4261 


LA 


4262 


LA 


4263 


LA 


4264 


LA 


4265 


MA 


4266 


MA 


4267 


MA 


—^4268 


MA 


4269 


MA 


4270 


MA 


4271 


MA 


4272 


MA 


4273 


MA 


4274 


MA 


4275 


MA 


4276 


MA 


-»'4277 


MA 


4278 


MA 


4279 


MA 


4280 


MA 


4281 


MA 


4282 


MA 


.-^4283 


MA 



4284 



MA 



$1,000,000 

$500,000 
$500,000 

$500,000 

$500,000 
$100,000 

$1,000,000 
$6,000,000 

$4,500,000 

$5,500,000 

$5,500,000 

$2,500,000 

$500,000 
$6,000,000 
$6,000,000 
$2,000,000 
$3,500,000 
$3,000,000 



$8,000,000 

$7,000,000 

$3,000,000 
$5,000,000 
$5,000,000 

$5,000,000 
$3,000,000 

$2,000,000 
$4,000,000 



233 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1421 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



4285 
4286 

4287 

4288 

4289 
4290 

4291 

4292 

^4293 

^4294 



4295 


MD 


4296 


MD 


4297 
4298 
4299 


MD 
MD 
MD 


->4300 
4301 
4302 


MD 
MD 
MD 


4303 
4304 
4305 


MD 

MD 
MD 



4306 
4307 
4308 

4309 
4310 

4311 



4312 
4313 



MA 
MA 

MA 

MA 

MD 
MD 

MD 

MD 

MD 

MD 



MD 
MD 
MD 

MD 

MD 

MD 



MD 

MD 



Construct Southeastern Massachusetts freight 
rail corridor improvements in Bristol County 
Reconstruct Rt. 24/Rt. 140 Interchange, re- 
place bridge and ramps, widen and extend 

acceleration and deceleration lanes 

Design and construct Rt. 20 access road in 

Westfield 

Reconfigure Kilby-Gardner-Hammond area 

road network in Worcester 

1-70 Improvement Project: Frederick, MD 

Construction and dualization of MD 404 in 
Queen Anne's, Talbot and Cetroline Counties 
Construct U.S. 220 MD 53 North/South Cor- 
ridor 

Upgrade MD 175 in Anne Arundel county be- 
tween MD 170 and BW Parkway 

Construct a visitor center and related roads, 

and parking serving Fort McHenry 

Construct Assateague Island National Sea- 
shore visitors center and related road im- 
provements 

Construction of new interchange at MD 5, MD 

373 and Brand3rwine Rd 

Rehabilitate Pennington Avenue Drawbridge, 

Baltimore 

Construction and dualization of U.S. 113 

Construct MD 5 Hughesvillc Bypass 

Construct U.S. 40, MD 715 interchange at Ab- 
erdeen Proving Ground 

Construct MD 4 at Suitland Parkway 

Baltimore Rail Tunnel improvement study 

Construct Allegheny Highlands pedestrian/bi- 
cycle trail 

Upgrade MD 210 from MD 228 to 1-495 

Patuxent Research Refuge Road improvements 
Rehabilitate roadways around East Baltimore 

Life Science Park 

Construction of new Baltimore water taxi ter- 
minals 

Upgrade 1-95, 1-495, MD 5/Branch Avenue 

Metro Access 

Construct Blackwater National Wildlife Ref- 
uge visitors center, trails and road improve- 
ments 

Edgewood, MD train station streetscaping and 

parking improvements 

Roadway improvements from intersection of 
U.S. 29 in Montgomery Co. along Industrial 
Parkway thru to FDA access/Cherry HiU 

Road 

Roadway access improvements, boardwalks, 
and pier construction at Hanover Street and 

West Cromwell, Baltimore 

MD 295 BWI access improvements 

Construction of Maryland Ave. and Market St. 
intermodal access project, including pedes- 
trian safety improvements and Baltimore 
Rd. corridor, Rockville I 



$5,000,000 

$4,000,000 

$2,000,000 

$2,000,000 
$13,400,000 

$11,000,000 

$9,200,000 

$6,700,000 

$5,300,000 

$6,300,000 

$4,000,000 

$5,500,000 
$3,200,000 
$3,000,000 

$3,000,000 
$2,800,000 
$3,000,000 

$2,000,000 
$2,000,000 
$3,000,000 

$2,200,000 

$2,000,000 

$1,800,000 

$1,500,000 
$1,500,000 

$2,000,000 



$1,500,000 
$1,200,000 



$800,000 



234 



119 STAT. 1422 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Construct Woodrow Wilson Bridge Anacostia 
River wetlands mitigation project 

Construct Potomac River Gorge stormwater 
mitigation project 

1-295 improvements in Portland 

Construction of Calais/St. Stephan Border 
Crossing Project, Calais 

Improvements and construction of the Lewis- 
ton-Aubum Highway, Lewiston 

Replacement of Waldo-Hancock bridge and 
construction of related pedestrian walkways 

Transportation improvements for Maine East- 
West Corridor Project 

Augusta Memorial Bridge improvements, Au- 
gusta 

Plan and construct North-South Aroostook 
highways, to improve access to St. John Val- 
ley, including Presque Isle Bypass and other 
improvements 

Construction of an Intermodal Center in Aca- 
dia Park, Bar Harbor 

Replacement of the Route 201-A "covered" 
bridge, Norridgewock 

Repair and improvements of Richmond-Dres- 
den Bridge, Itichmond-Dresden 

Access and trafBc improvements to Route 15 
in Brewer 

State of Maine Pedestrian and Bicycle Trail 
Project 

Plan and construct North-South Aroostook 
highwa3rs, to improve access to St. John Val- 
ley, including Presque Isle Bypass and other 
improvements 

Construction of the Gorham Village Bypass, 
Gorham 

Improvements for statewide bike and pedes- 
trian projects 

Repair and improvement of Harpswell 
Cribstone Bridge, Harpswell 

Repair and improvement of Deer Isle-Sedg- 
wick Bridge, Deer Isle-Sedgwick 

Plan and construct, land acquisition, Detroit 
West Riverfront Greenway 

Reconstruct and widen 1-94 in Kalamazoo 

Construct Interchange at 1-675 and M-13 
(Washington Avenue), Northbound exit, in 
Saginaw 

Rehabilitate bridge lift over Black River on 
7th Street Bridge in Port Huron 

Reconstruct 1-75 from North of U.S.-2 to 
Sault Ste. Marie and reconstruct the exist- 
ing roadway, Sault Ste. Marie 

Construct at-grade crossing and 1-75 inter- 
change to reconnect Milbocker and McCoy 
Roads and construct overpass to reconnect 
Van Ty'e to South Wisconsin Road in Gay- 
lord 



Amount 



4314 


MD 


4315 


MD 


4316 


ME 


4317 


ME 


4318 


ME 


4319 


ME 


4320 


ME 


4321 


ME 


4322 


ME 


^4323 


ME 


4324 


ME 


4325 


ME 


4326 


ME 


4327 


ME 


4328 


ME 


4329 


ME 


4330 


ME 


4331 


MK 


4332 


ME 


4333 


MI 


4334 


MI 


4335 


MI 


4336 


MI 


4337 


MI 



4338 



MI 



$1,600,000 

$500,000 
$15,000,000 

$4,000,000 

$2,000,000 

$18,000,000 

$18,000,000 

$6,000,000 

$5,000,000 
$4,000,000 
$6,000,000 
$3,750,000 
$1,250,000 
$1,000,000 

$20,000,000 
$2,000,000 
$1,000,000 
$3,000,000 

$10,000,000 

$9,000,000 
$8,000,000 

$8,000,000 
$5,000,000 

$6,000,000 



$5,000,000 



235 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1423 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



4339 



MI 



4340 


MI 


4341 


MI 


4342 


MI 


4343 


MI 



4344 



MI 



4345 


MI 


4346 


MI 


_>4347 


MI 


4348 


MI 


4349 


MN 


4350 


MN 


4351 


MN 


4352 


MN 


4353 


MN 


4354 


MN 


4355 


MN 


4356 


MN 


4357 


MN 


4358 


MN 


4359 


MN 


4360 


MN 


4361 


MN 


4362 


MN 



Improvements to Trowbridge Road Extension 
to Farm Lane, Ingham County, Farm Lane 
between Mount Hope Road and Trowbridge 
Road with underpasses for CN and CSX 
railroad crossings $9,000,000 

Allen Road imder the CN Railroad Grade Sep 

aration, Woodhaven $6,000,000 

Blue Water Bridge Plaza improvements and 
relocation of segments of 1-94 and 1-69 $5,000,000 

West Portage Avenue realignment, Sault Ste 
Marie $2,000,000 

Construct road improvements to Van Dyke 
Road, from 1-696 to Red Run Drain, City of 
Warren $8,000,000 

Construction of the 1-696 and Northwestern 
Highway Interchange Freeway ramps at 
Franklin Road in Southfield $3,000,000 

Construct road improvements to Miller Road 
from 1-75 to Linden Road, Flint Township ... $2,500,000 

University of Michigan Health Systems auto 
crash notification system $1,500,000 

Alger County, repaving a portion of H-58 be- 
tween Sullivan Creek towards Little Beaver 
Road $1,000,000 

Jackson Road Boulevard Extension, utilizing 
fly ash and recycled concrete in road siu-face $1,000,000 

Transportation improvements for City of 
Moorhead SE Main GSI, 34th St. and 1-94 
Interchange and Moorhead Comprehensive 
Rail Safety Program in Moorhead $5,000,000 

Reconstruct I-35E from University Avenue to 
Maryland Avenue in St. Paul $5,000,000 

Construct last segment of the Victory Drive 
project to link Victory Drive with Highway 
14 in Blue Earth County $2,000,000 

Phase ni construction of Trunk Highway 610- 

10 $9,000,000 

U.S. Trunk Hi|^way 14 from One Mile West 
of Waseca to Owatonna $4,000,000 

Construction of 8th Street North: Steams CR 

120 to TH 15 in St. Cloud $2,000,000 

Design, engineering, and ROW acquisition to 
reconstruct Trunk Highway 95 bridge in 
North Branch $750,000 

Construction and right-of-way acquisition for 
interchange at TH 65 and TH 242 in Blaine $2,000,000 

Design, construct, and expand TH 241 in the 
City of St. Michael $2,500,000 

Design, construct, and acquire right-of-way for 

St. Croix River Crossing in Stillwater $9,000,000 

Design and construction of Cedar Avenue 

Busway in Dakota County $5,000,000 

Planning and Pre-Design for Twin Cities Bio- 
science Corridor in St. Paul $3,000,000 

TH 23 — Construction of 4-Lane Bypass in 

Paynesville $2,500,000 

1-494 U.S. 169 interchange reconstruction. 
Twin Cities Metropolitan Area $2,000,000 

****** 



236 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1425 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Upgrade Route 59 at rail crossing in St. Jo- 
seph, MO 

Realignment and bridge replacement over 
First Creek fi^m east of 2nd Street to Route 
169 on MO 92, Clay County 

Roadway improvements on Rt. 21 from Hay- 
den Road to Lake Lorraine 

Construct Interstate flyover at Hughes Road 
and Liberty Drive to 76th Street. Part of 
Liberty Parkway Project, Liberty 

1-55 Redesign, Cape Girardeau County 

Widening of 1-55 from Highway 304 in DeSoto 
County to TN State line 

Upgrade U.S. 78 to Interstate standards from 
the MS/TN State line to the MS/AL State 
line 

For construction and ROW acquisition U.S. 49 
from South of Florence to 1—20 

To upgrade Old Fannin Road connecting High- 
way 25 to Spillway Road in Rankin County 

Plem and construct an intermodal connector 
linking 1-20 to Hwy 49, Pearl-Richland 

Airport Parkway/Pearl River Bridge for ROW 
acquisition and construction of west segment 
between 1-55 and Highway 475 at Jackson 
International Airport, with connector to 
Highway 25 

Byram-Clinton/Norrell Corridor — Connects the 
Norrell Road Interchange on 1-20 to the 
Byram-Clinton Multimodal Corridor on 1-55 

Lake Harbour Drive Extension, Ridgeland — 
Connects U.S. Highway 51 to Highland Col- 
ony Parkway 

Transportation Improvements for Greenville 
Bypass— Highway 82— U.S. Highway 82 by- 
pass between Greenville and Leland 

Transportation Improvements for Port Con- 
nector Road, Claiborne County 

Transportation Improvements for South En- 
trance Loop — ^Mississippi State University ... 

Lynch Street Extension to Metro Parkway, 
Jackson — An extension of the Metro Park- 
way that connects intermodal traffic be- 
tween the Metro Center Area and Jackson 
State University 

Transportation improvements for Highway 7 
and Highway 49 Connector, Greenwood 

Transportation improvements for Pearl-Pirates 
Cove InterchEmge, Pearl 

Transportation improvements for Washington 
Street/Old U.S. Highway 61, Vicksburg 

Star Landing Corridor, Southaven 

Transportation improvements for MT 78 Cor- 
ridor Development 

Transportation improvements for Bench Bou- 
levao^ Connection and Corridor Project, Bil- 
lings 

Transportation improvements for Babcock to 
Kagy Project, Bozeman 



Amount 



4391 
4392 

4393 
4394 



4395 
4396 

4397 



4398 
4399 
4400 
4401 



4408 


MS 


4409 


MS 


-^4410 


MS 


4411 
4412 


MS 
MT 



4413 



4414 



MO 
MO 

MO 
MO 



MO 

MS 

MS 



MS 
MS 
MS 
MS 



4402 


MS 


4403 


MS 


4404 


MS 


4405 


MS 


4406 


MS 


4407 


MS 



MT 



MT 



$3,000,000 

$2,000,000 
$2,000,000 



N.000,000 
$2,000,000 

$20,240,000 



$8,000,000 
$26,400,000 

$6,400,000 
$10,000,000 

$8,960,000 

$15,000,000 

$10,000,000 

$10,000,000 
$10,000,000 
$10,000,000 

$5,000,000 

$5,000,000 

$5,000,000 

$5,000,000 
$5,000,000 

$10,000,000 

$17,000,000 
$5,000,000 



237 



119 STAT. 1426 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



4415 
4416 
4417 
4418 
4419 
4420 

4421 
4422 
->4423 
4424 
4425 

4426 

4427 

4428 
4429 



MT 
MT 
MT 
MT 
MT 
MT 

MT 
MT 

MT 
MT 

NC 

NC 
NC 

NC 

NC 



4430 


NC 


4431 


NC 


4432 


NC 


4433 


NC 


4434 


NC 


4435 


NC 


4436 


NC 


4437 


NC 


4438 


NC 


4439 


NC 


4440 


NC 


4441 


NC 


4442 


NC 



Transportation improvements for Townsend — 
South Project, U.S. 287 

Transportation improvements for Cutbank 
Railroad Overpass, Cutbank 

Transportation improvements for Havre — ^East 
Project, including Glasgow to Poplar, U.S. 2 

Transportation improvements for Lonepine 
North and East Project, MT 28 

U.S. 93 transportation improvement projects 
between Lolo and Hamilton 

U.S. 2 transportation improvement projects 
between North Dakota State Line and 
Browning 

MT 3 transportation improvement projects be- 
tween Billings and Great Falls 

MT 16, reconstruction of roadway and struc- 
tures northeast of Glendive 

Develop and reconstruct Two Medicine Bridge, 
U.S. 2, East of Glacier National Park 

U.S. 93 Ninepipe to Ronan transportation im- 
provement projects 

Construction of the southbound lane of U.S. 
321 bridge replacement over the Catawba 
River in Caldwell and Catawba Counties 

Construction and expansion of Little Sugar 
Creek Greenway Charlotte 

Falls of Neuse Road Widening and Improve- 
ment, Raleigh 

Interstate 20 Extension study 

Transportation improvements at Piedmont 
Triad Research Park, Winston Salem 

Plan, design, and construct the 10th street 
Connector Project in Greenville 

Randall Parkway Widening and Improvement, 
Wilmington 

Widen Derita Road from Poplar Tent Road in 
Concord to the Cabarrus Mecklenburg Coun- 
ty line. Concord 

Construction improvements to Highway 10 in 
Newton 

U.S. 64 upgrade and improvement between 
Raleigh, NC and Rocky Mount 

Construction and improvement of 1-73, 1-74, 
U.S. 220, in Montgomery and Randolph 
Counties 

U.S. 1 Bypass and improvements around 
Rockingham 

Norfolk Southern Intermodal System, Char- 
lotte 

Design and construction of the Airport Area 
Roadway Network, High Point 

Independence Boulevard Extension, Wil- 
mington 

Design, engineering, and construction of 1-77/ 

Catawba Avenue Interchange Cornelius 

Eliminate highway-railway crossings in City of 

Fayetteville 

Construction of 1-74 between 1-40 and U.S. 
220, High Point 



$10,000,000 
$6,000,000 

$10,000,000 
$7,000,000 

$15,000,000 

$20,000,000 
$15,000,000 

$7,000,000 
$25,000,000 

$8,000,000 

$2,160,000 

$3,155,000 

$3,000,000 
$5,000,000 

$2,000,000 

$1,500,000 

$3,000,000 

$3,400,000 
$1,020,000 
$5,000,000 

$2,200,000 
$1,000,000 
$4,000,000 
$1,000,000 
$3,000,000 
$5,000,000 
$4,000,000 
$6,000,000 



238 



119 STAT. 1428 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



-->4471 



ND 



4472 


ND 


4473 


ND 


4474 


ND 


4475 


ND 


4476 


ND 


4477 


ND 


4478 


ND 


4479 


ND 


4480 


ND 


4481 


ND 


4482 


ND 


4483 


ND 


4484 


NE 


4485 


NE 


4486 


NE 


4487 


NE 


4488 


NE 


4489 


NE 


4490 


NE 


4491 


NE 


4492 


NE 


4493 


NE 


4494 


NE 


4495 


NE 


4496 


NE 


4497 


NE 


4498 


NE 



Reconstruction of U.S. 85 north of Grassy 
Butte to Long-X Bridge near Teddy Roo- 
sevelt National Park North Unit 

ND 22 Reconstruction from 15th St. to North 
Corporate Limits in Dickinson 

ND 200 Reconstruction from Jet. ND 49 at 
Beulah to Hazen 

North Boimd 1-29 Reconstruction from south 
of ND 15 to Near Grand Forks 

East Boxmd 1-94 Reconstruction from Near 
South Heart to Dickinson 

ND 294/12th Avenue N Reconstruction and 
Bridge Widening in Fargo 

Replace Red River Valley Bridge at Drayton, 
ND 

U.S. 12 improvements between Bowman and 
Hettinger 

U.S. 83/North Broadway Reconstruction in 
Minot 

Mandan Avenue Reconstruction in Mandan .... 

ND 127 Reconstruction from ND 11 N. to 
Wahpeton 

U.S. 83 Reconstruction from Max to ND 23 SB 

U.S. 281 Reconstruction from Carrington to 
Jet. ND 15 

Construction of the Columbus, Nebraska 
North Arterial Road 

U.S. 34 Missouri River Bridge relocation and 
replacement 

Missouri River Bridges between U.S. 34, 1-29 
in Iowa and U.S. 75 in Nebraska 

Design, right-of-way and construction of Ne- 
braska Highway 35 between Norfolk to 
South Sioux City 

Transportation improvements for U.S. 81 Me- 
ridian Bridge, Yankton 

Railroad Grade Separation Structures, State- 
wide 

Engineering, right-of-way and construction of 
the 23rd Street Viaduct in Fremont, Ne- 
braska 

Design, right-of-way and construction of the 
Louisville bypass, Nebraska 

Construction of I-80/Cherry Avenue Inter- 
change and East bypeiss, Kearney, Nebraska 

Interstate 80 Interchange at Pflug Road, 
Sarpy County, Nebraska 

Construction of Heartland Expressway be- 
tween Alliance and Minatare, NE 

New roads and overpass to relieve congestion 
and improve trafBc flow for Antelope Val- 
ley — ^Lincoln, NE 

Design of right-of-way and construction of 
South and West beltway in Lincoln, NE 

Cuming Street Transportation improvement 
project in Omaha, NE 

Nebraska Intelligent Transportation Systems 
Statewide 



$6,500,000 
$2,000,000 
$3,500,000 
$8,000,000 
$7,000,000 

$11,000,000 
$3,100,000 

$10,000,000 

$10,000,000 
$2,000,000 

$3,000,000 
$6,000,000 

$4,000,000 

$1,400,000 

$500,000 

$1,200,000 

$4,000,000 
$1,800,000 
$6,000,000 

$700,000 
$400,000 

$1,000,000 
$600,000 

$8,000,000 

$3,000,000 

$2,000,000 

$900,000 

$1,000,000 



239 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1433 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



4618 



4619 



4620 



4630 



NY 



OH 



OH 



4621 


OH 


4622 


OH 


4623 


OH 


4624 


OH 


4625 


OH 


4626 


OH 


4627 


OH 


4628 


OH 


4629 


OH 



OH 



4631 


OH 


4632 


OH 


4633 


OH 


4634 


OH 


4635 


OH 


4636 


OH 


->4637 


OH 


4638 


OH 


4639 


OH 



ConBtruction and Improvements to Soundview 
Connection Greenway from Bruckner Boule- 
vard to Soundview Park $800,000 

Reconstruction of Cleveland Inner Belt and re- 
habilitation of the Central Viaduct Bridge, 
Cleveland, OH $21,970,000 

Grading, paving, roads, and the transfer of 
raU-to-truck for the intermodal facility at 
Rickenbacker Airport Columbus, OH $8,200,000 

Ramp and Roadway approaches on 1-75 to- 
ward Brent Spence Bridge. Cincinnati, OH .. $10,000,000 

Rehabilitation of the Martin Luther King, Jr., 
Bridge. Toledo, OH $2,000,000 

Reconstruction, widening, and interchange up- 
grades to 1-75 between Cincinnati and Day- 
ton. Dayton, OH $5,000,000 

Replace the Edward N. Waldvogel Viaduct. 
Cincinnati, OH $6,000,000 

SR 8 safety improvement and road expansion 
project in Northern Summit Coimty. OH $2,600,000 

Reconstruction of the 70/71 split in downtown 
Columbus, OH $8,000,000 

Widen U.S. 35 to three contiguous lanes from 
1-75 to 1-675 in Montgomery Counly, OH ... $4,000,000 

Construct pedestrian bridge firom east of Dock 
32 to park. Cleveland, OH $3,300,000 

South Connector in Waverly from U.S. 23 to 
SR 104 to SR 220 for new development 
areas in a depressed Appalachian region. 
Waverly, OH $4,100,000 

Construct full movement interchange on 1-75 
at Austin/Miamisburg-Springboro Rd. and 
widen Miamisburg-Springboro Rd. from 
Wood Rd. to SR 741, Dayton, OH $750,000 

Reconstruct I-75/I— 475 Interchange. Toledo, 
OH $5,000,000 

Construct 1,100 foot bulkhead/riverwalk con- 
necting Front and Maine Ave. public rights- 
of-way. Cleveland, OH $1,280,000 

Construction of new bridges that will replace 
two unsafe spans that carry U.S. Route 62 

across the Scioto River. Columbus, OH $3,300,000 

Construction of a full 4-way interchange at SR 
44 and Shamrock Boulevard to replace cur- 
rent 2-way interchange of SR 44 and Jack- 
son St. Painesville. OH $400,000 

Construction of interchange at SR 8 and Sea 

son Road, Cuyahoga Falls, OH $2,800,000 

Eliminate at-grade signalized intersections be- 
tween North Fairfield Road and the Xenia 
Bypass on U.S. 35 in Greene County, OH .... $3,000,000 

Design and construct a Towpath Trail from 
southern Cuyahoga County through down- 
town Cleveland to Lake Erie. Cleveland, OH $1,800,000 
Reconstruct and widen SR 82, North Royalton, 

OH $1,000,000 

Construct connector between Crocker and 
Stearns County Highways. Westlake and 
North Ohnsted, OH $500,000 

■k -k ie -k ^k is 



240 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1441 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Design and construct interchange improve- 
ments including sound barriers at 1-83, Exit 
19, or other projects designated by York 
County, MPO 

Construct the AIIe-Kiski Bridge and Connector 

Reconfiguration of the Rochester Riverfront 
ramp 

Expand U.S. 422 between Indiana and 
Kittaning 

PATCO high-speed line fleet upgrade 

For interpretive signage and trails in Pitts- 
burgh urban park land 

Construct rail crossings to access Schuylkill 
River Park, Philadelphia 

Repair and upgrade Cresheim Valley Drive, 
Philadelphia 

Improvements to Penn's Landing Ferry Ter- 
minEd, Philadelphia 

Shippensburg University campus circulation 
improvements 

To incorporate a portion of Old Delaware Ave- 
nue as the South Philadelphia Port Access 
Road 

Construct a new interchange and additional 
northbound lane along SR 28 near 
Tarentum 

Linglestown Square, Lower Paxton Township 

Study the future needs of east- west road infra- 
structure in Adams County 

Completion and enhancements to the Pitts- 
burgh Riverfront trail system 

Road impact study along Potomac River tribu- 
taries 

Da Vinci Center hydrogen fuel-celled transit 
vehicles 

Complete heritage tourism work plans for 
communities along SR 6 

Relocation of East Lake Road in Pyamatuning 
Township 

Transportation Improvements for the 
Apponaug Bypass 

Transportation Improvements for the Wash- 
ington Secondary Bicycle Facility/Coventry 
Greenway/Trestle Trail (Coventry) 

Transportation Improvements for the North- 
west Biketrail/Woonasqiiatucket River 
Greenway (Providence, Johnston) 

New Interchange constructed from 1-195 to 
Taunton and Warren Avenue in East Provi- 
dence 

Transportation Improvements for the Black- 
stone River Bikeway (Providence, 
Woonsocket) 

Transportation Improvements for the James- 
town Bridge Demolition — Bicycle Access/ 
Trestle Span Demolition/Fishing Her (N. 
Kingstown) 

Weybosset Street (200 Block) Streetscape and 
Drop-off Lane Improvement — Providence 



Amount 



4823 



4834 



4844 

4845 

->484€ 

4847 

4848 



PA 



4824 


PA 


4825 


PA 


4826 


PA 


4827 


PA 


4828 


PA 


4829 


PA 


4830 


PA 


4831 


PA 


4832 


PA 


4833 


PA 



PA 



4835 
4836 


PA 
PA 


4837 


PA 


4838 


PA 


4839 


PA 


4840 


PA 


4841 


PA 


4842 


RI 


4843 


RI 



RI 



RI 



RI 



RI 



RI 



$1,000,000 
$1,000,000 

$1,000,000 

$1,000,000 
$1,000,000 

$300,000 

$600,000 

$450,000 

$400,000 

$250,000 

$400,000 

$400,000 
$250,000 

$500,000 

$500,000 

$200,000 

$200,000 

$100,000 

$100,000 

$22,000,000 

$4,000,000 

$6,000,000 

$7,000,000 

$10,000,000 

$4,000,000 
$750,000 



241 



119 STAT. 1442 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



4849 
4850 



RI 
RI 



4851 


RI 


_^4852 


RI 


4853 


RI 


4854 


RI 


4855 


RI 


4856 


RI 


4857 


RI 


4858 


RI 


4859 


RI 


4860 


RI 


4861 


RI 


4862 


RI 


4863 


RI 


4864 


RI 


4865 


RI 


4866 


RI 


4867 


m 


4868 


RI 


4869 


RI 


4870 


SC 


4871 


SC 


4872 


SC 


4873 


SC 


4874 


SC 


4875 


SC 



Acquisition of fee or easement, construction of 

a trail, and site improvements in Foster 

Open space acquisition to mitigate growth as- 
sociated with SR 4 and Interstate 95, by 
non-profit land conservation agencies 
through acquisition of fee or easement, with 
a match requirement of 50% of the total 

purchase price 

Replace Sakonnet Bridge 

Transportation Enhancements at Blackstone 

Valley Heritage Corridor 

Bury the Power Lines at India Point 

Restore and Expemd Maritime Heritage site in 

Bristol 

Transportation Improvements for the Colt 

State Park Bike Path 

Construct trails and facility improvements 
within the Rhode Island National Wildlife 

Refuge complex 

Improvements for the Commuter rail in Rhode 

Island 

Transportation Improvements for the East 

Main Road in Middletown 

Downtown Circulation Improvements Provi- 
dence 

Transportation Improvements for the Route 

138 (South Kingstown) 

Transportation Improvements for the Route 1 

Gilbert Stuart Turnaround (N. Kingstown) .. 

Rehabilitate and improve Rt. 138 from Rt. 108 

to Rt. 2 

Improve traffic circulation and road surfacing 

in downtown Providence 

Improve access to Pell Bridge in Newport 

Completion of Washington Secondary Bike 
Path from Coventry to Connecticut Border .. 

Replace Warren Bridge in Warren 

Rehabilitation of Stillwater Viaduct in Smith- 
field 

Completion of Woonasquatucket River Green- 
way from Johnston to Providence 

Replace Natick Bridge in Warwick and West 

Warwick 

Construction of 1-73 from Myrtle Beach, SC to 

1-95, ending at the NC State line 

Widening of U.S. 278 to six lanes in Beaufort 
County, SC between Hilton Head Island and 

SC170 

Engineering, design and construction of a Port 
Access Road connecting to 1-26 in North 

Charleston, SC 

Improvements to U.S. 17 in Beaufort and 
Colleton Counties to improve safety between 

U.S. 21 and SC 64 

Widening of SC 9 in Spartanburg County from 

SC 292 to Rainbow Lake Road 

Complete Construction of Palmetto Parkway 
Extension (1-520) Phase II to 1-20 



$1,000,000 



$8,000,000 
$7,000,000 

$500,000 
$2,500,000 

$500,000 

$2,000,000 

$1,000,000 

$5,000,000 

$5,000,000 

$2,000,000 

$4,000,000 

$2,750,000 

$12,000,000 

$5,000,000 
$5,000,000 

$7,000,000 
$11,000,000 

$5,000,000 

$5,000,000 

$5,000,000 

$10,000,000 

$15,000,000 

$10,000,000 

$10,000,000 
$2,000,000 
$3,000,000 



242 



119 STAT. 1444 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority P*roject8 — Continued 



No. 



State 



Project Description 

Reconstruction of U.S. 14/MedaTy Ave. to 22nd 
Ave., Brookings 

Extension of Main Street and replacement of 
rail crossing, Mobridge 

Reconstruction and paving of BIA Route 27, 
Wounded Knee-Porcupine Butte 

Purchase critical conservation easements 
along the Heartland Expressway (Highway 
79) adjacent to Custer State Park and Wind 
Cave National Park 

Reconstruction and paving of streets on the 
Flandreau Indian Reservation 

Construct Exit 61 1-90 Rapid City (Heartland 
Expressway) 

Construct SD 1806 from U.S. 83 East/15.6 
miles toward Lower Brule 

Construct Wagner Community Streets, 
Yankton Reservation 

Construct Marty Commimity Streets, Yankton 
Reservation 

Construct Riverfront Wedking trail between 
4th Ave. and Main Street, Mobridge 

Reconstruct Exit 7^—1-29 in Sioux Falls (12th 
Street) 

East Anamosa St. extension to east/north and 
lacrosse St. road and bridge 

To replace bridge over Missouri River, 1-90 in 
Chamberlain 

Winter Maintenance Decision Support System/ 
SDDOT 

Reconstruct U.S. 14 to U.S. 83 junction, Pierre 
East 

Resurface U.S. 12 from McLaughlin east 14.2 
miles in Standing Rock Reservation 

Reconstruct 1-90 loop in Mitchell (Burr to 
Sanborn) 

Road Construction Activities Turner County ... 

Pavement restoration U.S. 12 2.1 miles from 
west of Penn St. to east of Melgaard in Ab- 
erdeen 

BIA route 3/ Tribal Farm Rd. reconstruction 
and paving 

BIA route 15 resurfacing between red scaffold 
and cherry creek to Ziebach county Rd. 33 ... 

For Okreek to Carter grading and resurfacing 
U.S. 18 west of Okreek to Carter 

Acquisition of road meuntenance equipment for 
Oglala, Rosebud and Cheyenne River Sioux 
Tribes 

Construct bike path in Vermillion 

Construct Rail Spur in Brookings 

Asphalt overlay to extend Lewis and Clark 
Highway 1804 in Charles Mix County lead- 
ing to Platte Creek Recreation Area 

South Dakota Department of Transportation; 
for those projects it has identified as its 
highest priorities 

University of Tennessee Joint Institute for Ad- 
vanced Materials in Knoxville 



Amount 



4898 


SD 


4899 


SD 


4900 


SD 


_^4901 


SD 


4902 


SD 


4903 


SD 


4904 


SD 


4905 


SD 


4906 


SD 


4907 


SD 


4908 


SD 


4909 


SD 


4910 


SD 


4911 


SD 


4912 


SD 


4913 


SD 


4914 


SD 


4915 
4916 


SD 
SD 


4917 


SD 


4918 


SD 


4919 


SD 


4920 


SD 


4921 
4922 
4923 


SD 
SD 
SD 


4924 


SD 


4925 


TN 



$3,000,000 
$1,500,000 
$6,000,000 

$2,000,000 

$2,000,000 

$15,116,000 

$862,000 

$200,000 

$200,000 

$300,000 

$12,323,000 

$6,127,000 

$15,000,000 

$1,000,000 

$2,000,000 

$2,472,000 

$3,000,000 
$1,000,000 

$1,000,000 
$6,000,000 
$5,000,000 
$2,250,000 



$3,000,000 
$750,000 
$750,000 



$600,000 

$3,450,000 
$20,000,000 



243 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1445 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



4926 


TN 


4927 


TN 


4928 


TN 


4929 


TN 


4930 


TN 


4931 


TN 


4932 


TN 


4933 


TN 


4934 


TN 


4935 


TN 


4936 


TN 


4937 
4938 


TN 
TN 


4939 


TN 


4940 


TN 


4941 


TN 


4942 


TN 


4943 


TN 


4944 


TN 


4945 


TN 


4946 


TN 


4947 


TN 


4948 


TN 


4949 


TN 


4950 


TN 



Intermodal Transpor- 
at the University of 



Center for Advanced 
tation Technologies 

Memphis ' $5,000,000 

College Street Corridor, Phase II, Great 
Smoky Mountain Heritage Highway Cul- 
tural and Visitors Center, Maryville $8,000,000 

Plan and construct N. Tennessee Boulevard 

enhancements, Murfreesboro $6,000,000 

North Second Street Corridor Upgrade, Mem- 
phis $10,000,000 

Engineer, design and construction of connector 
road from 1-75 interchange across Enter- 
prise South Industrial Park to Hwy 58 in 

Hamilton County $10,000,000 

Construct force protection barriers along U.S. 

Highway 41-A at Fort Campbell $4,000,000 

Upgrade roads for Slack Water Port fecilily 

and industrial park. Lake County, TN $1,500,000 

Plan and construct Rutherford County visitor's 
center/transportation information hub, City 

of Murfreesboro $2,000,000 

Reconstruct connection with Hermitage Ave- 
nue to Cumberland River Bluff in Nashville $5,000,000 
Six lane extension from Airways Boulevard to 

South Highland Avenue in Jackson $4,000,000 

Plough Boulevard Interchange with Win- 
chester Road in Memphis $2,500,000 

Construction of a pedestrian bridge in Alcoa ... $200,000 

Construct visitor interpretive center at the 

Gray Fossil Site in Gray $1,800,000 

Expansion of SR IIW from Rutledge to Bean 

Station in Grainger County $5,000,000 

Construction of Knob Creek Road in Wash- 
ington County, Tennessee $2,500,000 

Riverside Drive Cobblestone Restoration and 

Walkway, Memphis $2,500,000 

Reconstruction of sidewalks, curbs, and 
streetscape improvements within the Mem- 
phis Central Biomedical District, Memphis, 

Tennessee $5,000,000 

Develop intelligent transportation signage for 

access points at Fort Campbell, Tennessee ... $2,200,000 

Construction of SR 32/U.S. 321 from SR 73 at 
Wilton Springs road to near 1-40 in Cocke 

County, Tennessee $5,000,000 

Improvements to 1-40 interchange at 1-240 

East of Memphis (Phase H) $5,000,000 

Warren County Mountain View Industrial 

Park access road, Warren Coimty, TN $1,500,000 

Widen U.S. Hi^way 127 to 4 lanes between 

Jamestown, Tennessee and 1-40 $2,000,000 

Widen a railroad underpass and make access 
improvements to the 1-275 industrial busi- 
ness park in Knoxville $5,000,000 

Construct Interpretive Visitor Center for the 
Cherokee Removal Memorial Park Trail of 

Tears site in Meigs County $500,000 

Construct overpass at Highway 321 and High 
way 11 Loudon County $1,300,000 



244 



119 STAT. 1446 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



4951 



4957 



— >4974 



TN 



4952 


TN 


4953 


TN 


4954 


TN 


4955 


TN 


4956 


TN 



TN 



4958 


TN 


4959 


TN 


4960 


TN 


4961 


TN 


4962 


TN 


4963 


TN 


4964 


TN 


4965 


TN 


4966 


TN 


4967 


TN 


4968 
4969 


TN 
TN 


4970 
4971 


TN 
TN 


4972 


TN 


4973 


TN 



TN 



4975 


TN 


4976 


TN 


4977 


TN 


4978 


TN 



C!onstruction of an Interchange on Highway 64 
(APD 40) adjacent to 1-75 Exit 20 in the 
City of Cleveland, TN for increased safety ... 

Construct trails and recreational facilities at 
the Warriors Path State Park in Kingsport .. 

Construct the Melton Lake greenway in Oak 
Ridge 

Access road improvements for regional hos- 
pital in Morristown 

Johnson County, Tennessee for a trails system 

Access road from the James H. Quillen VA 
Medical Center to U.S. 11-E in Mountain 
Home 

Widen I-€5 from SR 840 to SR 96, including 
interchange modification at Goose Creek by- 
pass, Williamson County 

Acquire and construct trail and bikeway along 
S. Chickamauga Creek in Chattanooga 

Improve Streetscape and pavement repair. 
Carter County 

Improve Streetscape and pavement repair, 
McMinn County 

Improve Streetscape and pavement repair, 
Maury County 

Improve, Streetscape and pavement repair, 
Lincoln County 

Improve Streetscape and pavement repair. 
Dyer County 

Improve Streetscape and pavement repair, 
Smith Coxmty 

Improve Streetscape and pavement repair, 
Henry County 

Improve Streetscape and pavement repair, 
Obion Counly 

Improve Streetscape and pavement repair, 
Sumner County 

Replace Unitia Bridge in Loudon County 

Sullivan, Washington Counties, Tennessee SR 
75 widening 

Sevier Coimty, TN SR 66 widening 

Develop the East Hickman County and Oak 
Hill Community Greenway Projects, Hick- 
man Coimty 

SR 397 extension from SR 96W to U.S. 431N 
to Frankhn 

U.S. 412 from the Madison County Line to 
Parsons TN in Henderson and Decatur 
Counties 

Construction of the Foothills Parkway in 
Smoky Mountains National Park, Sevier 
County 

Construct Transportation and Heritage mu- 
seum, Townsend 

Plan and construct access road for the Overton 
County Industrial Park, Overton County 

Construct system of greenways in Nashville — 
Davidson County 

Improve Streetscape and pavement repair, 
Roane County 



$1,250,000 

$500,000 

$650,000 

$1,000,000 
$500,000 

$1,000,000 

$2,000,000 

$500,000 

$500,000 

$500,000 

$500,000 

$500,000 

$500,000 

$500,000 

$500,000 

$500,000 

$500,000 
$200,000 

$500,000 
$500,000 

$200,000 
$500,000 

$500,000 

$10,000,000 
$400,000 
$300,000 
$500,000 
$500,000 



245 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1449 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



5036 

5037 
5038 



5039 


UT 


5040 


UT 


5041 


UT 


5042 


UT 


5043 


VA 


5044 


VA 


5045 


VA 


5046 


VA 


5047 


VA 


5048 
— >5049 


VA 

VA 


5050 


VA 


5051 
5052 


VA 
VA 


5053 
5054 
5055 


VA 
VA 
VA 



__>5056 



5057 

5058 
5059 



5060 

5061 
5062 
5063 



5064 
5065 



5066 
5067 
5068 



UT 

UT 
UT 



VA 



VA 

VA 
VA 



VA 

VA 
VA 
VA 



VA 

VA 



VA 
VA 

VA 



Construction of 200 North Street highway-rail 

graded crossing separation, Kaysville 

Forest Street Improvements, Brigham City 

Bear River Migratory Bird Refuge Access Road 

Improvements, Box Elder County 

Construction and Rehabilitation of 13th East 

in Sandy City 

Transportation Improvements to 200 Ecist 

Minor Arterial, Logan City 

Provo, Utah Westside Connector from 1—15 to 

Prove Municipal Airport 

Improve pedestrian and traffic safety in Holla- 
day 

1-66 Improvements and Route 29 Interchange 

at Gainesville 

Construct Meadowcreek Parkway Interchange, 

Charlottesville 

Construct South Airport Connector Road, 

Richmond International Airport 

I-264/Lynnhaven Parkway/Great Neck Road 

Interchange 

Improvements to Coalfields Connector, Route 

460, Buchanan County 

Rt. 460 Improvements 

National Park Service transportation improve- 
ments to Historic Jamestowne in FY 2006 ... 
Manage freight movement and safety improve- 
ments to 1-81 

Route 50 Traffic Calming, Gilberts Comer 

Smart Road Research and Operations, 

Blacksburg 

Replacement of Robertson Bridge, Danville 

I-64/City Line Road Interchange 

Dominion Boulevard Improvements, Route 17, 

Chesapeake 

National Park Service, Appalachian Trail, 
High Top Mountain land acquisition, FY 

2006 

Widen I-€6 westbound inside the Capital Belt- 
way 

Construct 1-73 near Martinsville 

The Journey Through Hallowed Ground Rt. 15 
scenic corridor management planning and 

implementation, FY 2006 

Widening 1-95 between Rt. 123 and Fairfax 

County Parkway 

Widen Route 17 in Stafford 

Construct Old Mill Road extension 

Improvements to pubUc roadways within the 
campus boundaries of tlie Virginia Bio- 
technology Park, Richmond 

Widen Route 262 in Augusta County 

Bristol Train Station — ^Historic preservation 
and rehabilitation of former Bristol, VA 

train station 

Interstate 81 ITS message signs 

Improvements to Route 15, FarmviUe 

Route 11 improvements in Maurertown (Shen- 
andoah County) 



$5,000,000 
$2,500,000 

$5,500,000 

$5,000,000 

$1,000,000 

$1,000,000 

$2,000,000 

$20,000,000 

$25,000,000 

$2,000,000 

$2,000,000 

$12,000,000 
$5,000,000 

$2,000,000 

$3,500,000 
$8,000,000 

$6,000,000 
$5,000,000 
$5,000,000 

$8,000,000 

$500,000 

$22,000,000 
$7,000,000 

$1,000,000 

$10,000,000 
$1,000,000 
$2,000,000 



$1,000,000 
$2,000,000 



$1,000,000 

$500,000 

$1,000,000 

$500,000 



246 



119 STAT. 1450 



PUBLIC LAW 109-59— AUG. 10, 2005 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Improve Route 42 (Main Street) in Bridge- 
water 

Widen Rolfe Highway to the Surry Ferry land- 
ing approach bridge in FY 2006 

Engineering and right-of-way for Interstate 73 
in Roanoke County 

Double stack clearance of tunnels on the Nor- 
folk and Western Mainline in Virginia lo- 
cated on the Heartland Corridor 

Construction and improvements from Route 60 
to Mariners Museum and USS Monitor Cen- 
ter 

Route 221 improvements in Forest 

U.S. Route 2 Improvements in Danville 

Vermont Statewide Rural Advanced Traveller 
System and Fiber Construction 

Main Street Bridge, Johnson 

Pearl Street Bridge, Johnson 

Church Street Improvements in Burlington 

Burlington Waterfront Transportation Im- 
provements 

Colchester Campus Road Project 

Essex Jtinction Downtown TVansportation Im- 
provements 

U.S. Route 2/1-89 Interchange Improvements 
in South Burlington 

1-91 Reconstruction at Derby Line, VT Port of 
Entry 

Design and Construction of Montpelier Down- 
town Redevelopment Project 

Design and construction of dry span bridge in 
Swanton 

Vermont Transportation Coordinated Use Fa- 
dUty in Berlin 

St. Lawrence and Atlantic Railroad Upgrades 
in Northeastern Vermont 

Vermont 1-89 Exit 14 Upgrades 

Construct Bennington Bypass (North Leg) 

Improve Federal Street, St. Albans 

Improvements to U.S. Rt. 7 firom Brandon to 
Pittsford 

Improvements to U.S. Rt. 7 in Charlotte 

Design and construction of roundabouts/traffic 
circles at U.S. Rt. 7/Rt. 7A in Manchester 
and U.S. Rt. 7A'T Rt. 103 in Clarendon 

Improvements to 1-91 between Hartford, VT 
and Derby line 

Transportation Improvements to Vermont 
Park and Ride 

Transportation Improvements to Bellows Falls 
Tunnel 

Improvements to River Rd/U.S. Rt. 2 in 
Lunenberg 

SR 518 corridor — ^Improvements to SR 518- 
509 interchange and addition of eastbound 
travel lane on a portion of the corridor 

Design and construct pedestrian land bridge 
spanning SR 14 



Amount 



5069 


VA 


5070 


VA 


5071 


VA 


5072 


VA 



5073 



VA 



5074 


VA 


5075 


VT 


5076 


VT 


5077 


VT 


5078 


VT 


5079 


VT 


5080 


VT 


5081 


VT 


5082 


VT 


5083 


VT 


5084 


VT 


5085 


VT 


5086 


VT 


5087 


VT 


5088 


VT 


5089 


VT 


5090 


VT 


5091 


VT 


5092 


VT 


5093 


VT 


5094 


VT 


5095 


VT 


5096 


VT 


5097 


VT 


5098 


VT 


5099 


WA 



-^5100 



WA 



$500,000 
$1,000,000 
$1,000,000 

$5,000,000 

$1,000,000 

$500,000 

$5,000,000 

$10,000,000 
$3,600,000 
$1,400,000 
$6,000,000 

$3,500,000 
$1,000,000 

$1,000,000 

$3,000,000 

$6,000,000 

$4,000,000 

$5,000,000 

$2,000,000 

$5,000,000 

$4,000,000 

$20,000,000 

$1,500,000 

$15,000,000 
$4,000,000 

$2,500,000 
$15,000,000 
$2,500,000 
$2,000,000 
$2,000,000 

$4,000,000 
$2,500,000 



247 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1451 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 



Amount 



5101 


WA 


-.^5102 


WA 


5103 


WA 


5104 


WA 


5105 


WA 


5106 


WA 


5107 


WA 


5108 


WA 


5109 


WA 


5110 


WA 


5111 


WA 


5112 


WA 


5113 


WA 


5114 


WA 


5115 


WA 


5116 


WA 


5117 


WA 


5118 


WA 


5119 


WA 


5120 


WA 


5121 


WA 


5122 


WA 


5123 


WA 


5124 


WA 


5125 


WA 


5126 


WA 


5127 


WA 



Riverside Avenue Improvements, Phases 2 and 
3, Spokane $2,500,000 

Hanford Reach National Monument Road Im- 
provement $1,500,000 

Town Square Roadway and Pedestrian Im- 
provements, Burien $2,500,000 

SR 704 Cross-Base Highway Improvements, 
Spanaway Loop Road to SR 7 $2,000,000 

Tukwila Southcenter Parkway Improvements, 
Tukwila $3,000,000 

Federal Way Triangle — Conduct final engi- 
neering work for the reconstruction of the I- 
5— SR 18 interchange $4,000,000 

U.S. 12 Burfoank to Walla Walla: Construct 
new four lane highway for portion of U.S. 12 $2,500,000 

Reconstruction of SR 99 (Aurora Ave. N) be- 
tween N 145th St. and N 205th St $1,000,000 

Access Downtown Phase II: 1—405 Downtown 
Bellevue Circulation Improvements $1,500,000 

Seattle Ferry Terminal Redevelopment and 
Expansion $2,000,000 

Port of BeUingham Transportation Enhance- 
ment Projects $2,500,000 

Toroda Creek Road Improvements, Ferry 
County $1,650,000 

Toroda Creek Road Improvements, Okanogan 
County $850,000 

Conduct preliminary engineering and EIS for 
Columbia River Crossing in WA and OR $1,000,000 

U.S. 395, North Spokane Corridor Improve- 
ments $2,000,000 

116th St/Interstate 5 Interchange Reconstruc- 
tion in Marysville $1,000,000 

SR 167 — Right-of-way acquisition for a new 
freeway connecting SR 509 to SR 161 $7,500,000 

Roadway and Pedestrian Improvements at 
Burien Town Square, Burien $1,500,000 

Complete analysis, permitting and right-of- 
way procurement for I-5/SR 501 Inter- 
change Replacement in Ridgefield $8,400,000 

Construct improvements to Multimodal Ter- 
minal, Bainbridge Island $2,500,000 

Construct Intermodal Transit Facility, City of 
University Place $3,250,000 

Streetscape University Place Downtown, City 
of University Place $2,800,000 

Plan and Improve frei^t and goods trans- 
port — The West Cost Corridor CoaUtion in 
Washington State $500,000 

Continuing construction of 1-90, Spokane to 

Idaho State Line $7,300,000 

Tukwila Urban Access Improvement — ^Address 
necessary improvements to Southcenter 
Parkway in Tukwila to relieve congestion .... $1,750,000 

Takoma — Lincoln Ave. Grade Separation $1,500,000 

Widen SR 202/SR 520 to Sahalee Way, King 
County $1,750,000 

****** 



248 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1453 



Highway Projects 
High Priority Projects — Continued 



No. 



State 



Project Description 

Construct a bicycle/pedestrian path fron\ 
Waunakee to Westport 

Construct an alternative connection to divert 
local traCBc from 1-90, a m^or highway, and 
allow movement through the Gateway com- 
mercizd development project 

Reconstruct Highway 151 from American 
Parkway to Main Street, Sun Prairie 

Replace Highway 10 bridge over the Chippewa 
Kver near Durand 

Construct Eau Claire bypass on U.S. 53 in 
Eau Claire 

Replace the 17th Street Lift Bridge, Two Riv- 
ers 

Pioneer Road Rail Grade Separation (Fond du 
Lac, Wisconsin) 

Upgrade Highway 26 between Janesville and 
Watertown 

Construct King Coal Highway-Red Jacket Seg- 
ment, Mingo County 

Plan, design, and construct New Ohio River 
Bridge, South of Wellsburg, Brooke County 

Plan, design, and construct Route 9 Martins- 
burg Bypass 

Upgrade Route 10 Logan Co 

Construct Coalfields Expressway 

Widen and reconstruct U.S. Rt. 35, Putnam 
County 

Construct Shawnee Parkway 

Burma Rd: Extension from 1-90 to Lakeway ... 

U.S. 26-287: repair road from Dubois to 
Moran Junction, Wyoming to improve access 
to Yellowstone National Park (Togwotee 
Pass Reconstruction) 

WYO 59: add lanes between Gillette and 
Douglas, Wyoming for improved safety and 
access 

Casper West Belt Loop: connect three National 
Highway System routes (WYO 220, U.S. 20- 
26 and 1-25) 

1-80: reconstruct section of I-SO near Rock 
Springs, Wyoming for improved safety 

1—25: Widen and resurface approximately 
eight miles of 1-25 in Johnson County, Wyo- 
ming between Buffalo and Kaycee 

1—90: create I-90/Burma Road overpass to in- 
crease commimity and emergency access in 
Gillette, Wyoming 

U.S. 85: add passing lanes on U.S. 85 between 
Newcastle and Lusk, Wyoming to increase 
safety 



Amount 



5151 
5152 



WI 

WI 



6153 


WI 


5154 


WI 


5155 


WI 


5156 


WI 


5157 


WI 


5158 


WI 


5159 


WV 


5160 


WV 


5161 


WV 


5162 


WV 


5163 


WV 


5164 


WV 


5165 


WV 


5166 


WY 


_^5167 


WY 


5168 


WY 


5169 


WY 


5170 


WY 


5171 


WY 


5172 


WY 


5173 


WY 



$500,000 

$1,000,000 

$2,000,000 

$2,000,000 

$2,000,000 

$2,000,000 

$1,000,000 

$3,000,000 

$38,000,000 

$18,000,000 

$13,000,000 

$7,000,000 

$11,000,000 

$27,000,000 
$1,000,000 
$2,500,000 

$25,000,000 

$10,000,000 

$21,000,000 
$19,000,000 

$5,000,000 

$2,500,000 

$5,000,000 



SEC. 1703. TECHNICAL AMENDMENTS TO TRANSPORTATION 
PROJECTS. 

(a) TEA-21.— The table contained in section 1602 of the 
Transportation Eqviity Act for the 21st Century (112 Stat. 257) 
is amended — 



249 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1455 

"Improve the ramp configuration at the 1-476 PA Turnpike 
Landsdale Interchange"; 

(17) in item number 1447 by striking "Extend" and all 
that follows through "Valparaiso" and inserting "Design and 
construction of interchange at 1-65 and 109th Avenue, Crown 
Point"; and 

(18) in item number 1474 by adding at the end the fol- 
lowing: ", widen Cuyahoga SR 87, and $4,000,000 of the amount 
authorized to construct grading separation at Front Street, 
Berea". 

(b) ISTEA. — Item number 32 in the table contained in section 
1106(a)(2) of the Intermodal Surface Transportation Efficiency Act 
of 1991 (105 Stat. 2038) is amended by striking "Extension of 
34th Street from IL Rt. 15 to County Road 10" and inserting 
"Extension and improvements of 34th Street". 

Subtitle H — Environment 

SEC. 1801. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
FACnJTIES. 

(a) In General. — Section 147 of title 23, United States Code, 
is amended to read as follows: 

**§ 147. Construction of ferry boats and ferry terminal facili- 
ties 

"(a) In General. — ^The Secretary shall carry out a program 
for construction of ferry boats and ferry terminal facilities in accord- 
ance with section 129(c). 

"(b) Federal Share.— The Federal share of the cost of construc- 
tion of ferry boats, ferry terminals, and ferry maintenance fadhties 
tmder this section shall be 80 percent. 

"(c) Allocation of Funds. — The Secretary shall give priority 
in the allocation of funds under this section to those ferry systems, 
and pubHc entities responsible for developing ferries, that — 

"(1) provide critical access to areas that are not weU-served 
by other modes of surface transportation; 

"(2) carry the greatest number of passengers and vehicles; 
or 

"(3) carry the greatest number of passengers in passenger- 
only service. 
"(d) Set-Aside for Projects on NHS. — 

"(1) In general. — $20,000,000 of the amoimt made avail- 
able to carry out this section for each of fiscal years 2005 
through 2009 shall be obligated for the construction or 
refurbishment of ferry boats and ferry terminal faciUties and 
approaches to such faciUties within marine highway systems 
that are part of the National Highway System. 

"(2) Alaska.— $10,000,000 of the $20,000,000 for a fiscal 
year made available under paragraph (1) shall be made avail- 

gl^lo ■4-n tiiP Ststp of A^lflslcfl 

"(3) New jersey.— $5,000,000 of the $20,000,000 for a fiscal 
year made available under paragraph (1) shall be made avail- 
able to the State of New Jersey. 

"(4) Washington.— $5,000,000 of the $20,000,000 for a 
fiscal year made available under paragraph (1) shall be made 
available to the State of Washington. 



250 



119 STAT. 1456 



PUBLIC LAW 109-59— AUG. 10, 2005 



23 use 129 note. 



23 use 147 note. 



23 use 129 note. 



Deadline. 



Public 
information. 



"(e) Period of Availability. — Notwithstanding section 118(b), 
funds made available to CEirry out this section shall remain available 
until expended. 

"(f) Applicability. — ^All provisions of this chapter that are 
apphcable to the National Highway System, other than provisions 
relating to appKJrtionment formula and Federal share, shall apply 
to funds made available to carry out this section, except as deter- 
mined by the Secretary to be inconsistent with this section.". 

(b) Clerical Amendment. — The analysis for such subchapter 
is amended by striking the item relating to section 147 and inserting 
the following: 

"147. Construction of ferry boats and ferry terminal facilities.". 

(c) Conforming Repeal. — Section 1064 of the Intermodal Sur- 
face Transportation Efficiency Act of 1991 (105 Stat. 2005) is 
repealed. 

(d) Authorization of Appropriations. — In addition to 
amounts made available to carry out section 147 of title 23, United 
States Code, by section 1101 of this Act, there are authorized 
to be appropriated such sums as may be necessary to carry out 
such section 147 for fiscal year 2006 and each fiscal year thereafter. 
Such funds shall remain available until expended. 

(e) National Ferry Database. — 

(1) Establishment.— The Secretary, acting through the 
Bureau of Transportation Statistics, shall establish and main- 
tain a national ferry database. 

(2) Contents. — ^The database shall contain current 
information reg£irding ferry systems, including information 
regarding routes, vessels, passengers and vehicles carried, 
funding sources and such other information as the Secretary 
considers useful. 

(3) Update report. — Using information collected through 
the database, the Secretary shall periodically modify as appro- 

¥riate the report submitted under section 1207(c) of the 
■ransportation Equity Act for the 21st Century (23 U.S.C. 
129 note; 112 Stat. 185-186). 

(4) Requirements.— The Secretary shall — 

(A) compile the database not later than 1 year after 
the date of enactment of this Act and update the database 
every 2 years thereafter; 

(B) ensure that the database is easily accessible to 
the public; and 

(C) make available, from the amounts made available 
for the Bureau of Transportation Statistics by section 5101 
of this Act, not more than $500,000 for each of fiscal 
years 2006 through 2009 to establish and maintain the 
database. 

(f) Territory Ferries.— Section 129(c)(5) of title 23, United 
States Code, is amended by striking "the Commonwealth of Puerto 
Rico" each place it appears and inserting "any territory of the 
United States". 

SEC. 1802. NATIONAL SCENIC BYWAYS PROGRAM. 

(a) In General.— Section 162(a) of title 23, United States Code, 
is amended — 

(1) in paragraph (1) by striking "the roads as" and all 
that follows and inserting "the roads as — 
"(A) National Scenic Byways; 



251 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1457 

"(B) Ail-American Roads; or 

"(C) America's Byways."; and 
(2) by striking paragraph (3) and inserting the following: 
"(3) Nomination.— 

"(A) In GENEBAL. — ^To be considered for a designation, 
a road must be nominated by a State, an Indian tribe, 
or a Federal land management agency and must first be 
designated as a State scenic byway, an Indian tribe scenic 
b3n«ray, or, in the case of a road on Federal land, as a 
Federal land management agency bjnvay. 

"(B) Nomination by indian tribes.— An Indian tribe 
may nominate a road as a National Scenic Byway under 
subparagraph (A) only if a Federal land management 
agency (other than the Bureau of Indian Affairs), a State, 
or a political subdivision of a State does not have — 
"(i) jurisdiction over the road; or 
"(ii) responsibility for managing the road. 

"(C) Safety. — ^An Inman tribe shall maintain the safety 
and quality of roads nominated by the Indian tribe under 
subparagraph (A). 

"(4) Reciprocal notification.— States, Indian tribes, and 
Federal land management agencies shall notify each other 
regarding nominations made under this subsection for roads 
that— 

"(A) are within the jurisdictional boundary of the State, 
Federal land management agency, or Indian tribe; or 

"(B) directly connect to roads for which the State, Fed- 
eral land management agency, or Indian tribe is respon- 
sible.". 

(b) Grants and Technical Assistance. — Section 162(b) of such 
title is amended — 

(1) in paragraph (1) by inserting "and Indian tribes" after 
"provide technical assistance to States"; 

(2) in paragraph (1)(A) by striking "designated as" and 
all that foUows through "; and" and inserting "designated as — 

"(i) National Scenic Byways; 

"(ii) All- American Roads; 

"(iii) America's Byways; 

"(iv) State scenic byways; or 

"(v) Indian tribe scenic byways; and"; and 

(3) in paragraph (1)(B) by inserting "or Indian tribe" after 
"State"; 

(4) in paragraph (2XA) by striking "Byway or All-American 
Road" and inserting "Byway, All-American Road, or 1 of Amer- 
ica's B3rways"; 

(5) in pgiragraph (2)(B) — 

(A) by striking "State-designated" and inserting "State 
or Indian tribe"; and 

(B) by striking "designation as a" and all that follows 
through "; and" and inserting "designation as — 

"(i) a National Scenic Byway; 
"(ii) an All-American Road; or 
"(iii) 1 of America's Byways; and"; and 

(6) in paragraph (2)(C) by inserting "or Indian tribe" after 
"State". 

(c) Eligible Projects.— Section 162(c) of such title is 
amended — 



252 



119 STAT. 1458 PUBLIC LAW 109-59— AUG. 10, 2005 

(1) in paragraph (1) by inserting "or Indian tribe" after 
"State"; 

(2) in paragraph (3) — 

(A) by inserting "Indian tribe scenic byway," after 
"improvements to a State scenic byway,"; and 

(B) by inserting "Indian tribe scenic byway," after "des- 
ignation as a State scenic byway,"; and 

(3) in paragraph (4) by striking "passing lane,". 

(d) Conforming Amendment. — Section 162(e) of such title is 
amended by inserting "or Indian tribe" after "State". 

SEC. 1803. AMERICA'S BYWAYS RESOURCE CENTER. 

(a) In General. — The Secretary shall allocate funds made 
available to carry out this section to the America's Byways Resotirce 
Center estabUshed pursuant to section 1215(b)(1) of the Transpor- 
tation Equity Act for the 21st Century (112 Stat. 209). 

(b) Technical Support and Education.— 

(1) Use of funds. — ^The Center shall use funds allocated 
to the Center under this section to continue to provide technical 
support and conduct educational activities for the national 
scenic byways program established under section 162 of title 
23, United States Code. 

(2) Eligible actzvities.— Technical support and edu- 
cational activities carried out under this subsection shall pro- 
vide local officials and organizations associated with National 
Scenic Byways, All-American Roads, and America's Byways 
with proactive, technical, and on-site customized assistance, 
including training, communications (including a public aware- 
ness series), publications, conferences, on-site meetings, and 
other assistance considered appropriate to develop and sustain 
such byways and roads. 

(c) Authorization of Appropriations.— There is authorized 
to be appropriated out of the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section $1,500,000 
for fiscal year 2005 and $3,000,000 for each of fiscal years 2006 
through 2009. 

(d) Applicability of Title 23.— Funds authorized by this sec- 
tion shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United 
States Code; except that the Federal share of the cost of any 
project or activity carried out under this section shall be 100 per- 
cent, and such funds shall remain available until expended and 
shzdl not be transferable. 

23 use 144 note. SEC. 1804. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION. 

(a) Definitions. — In this section, the following definitions 
apply: 

(1) Historic covered bridge.— The term "historic covered 
bridge" means a covered bridge that is listed or eligible for 
Usting on the National Register of Historic Places. 

(2) State. — ^The term "State" has the meaning such term 
has in section 101(a) of title 23, United States Code. 

(b) Historic Covered Bridge Preservation.— The Secretary 
shall— 

(1) collect and disseminate information on historic covered 
bridges; 

(2) conduct educational programs relating to the history 
and construction techniques of historic covered bridges; 



253 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1459 

(3) conduct research on the history of historic covered 
bridges; and 

(4) conduct research on, and study techniques for, pro- 
tecting historic covered bridges from rot, fire, natural disasters, 
or weight-related damage. 

(c) Grants. — 

(1) In general. — ^The Secretary shall make a grant to 
a State that submits an apphcation to the Secretary that dem- 
onstrates a need for assistance in canying out one or more 
historic covered bridge projects described in paragraph (2). 

(2) Eligible projects. — A grant under paragraph (1) may 
be made for a project — 

(A) to rehabiUtate or repair a historic covered bridge; 
or 

(B) to preserve a historic covered bridge, including 
through — 

(i) installation of a fire protection system, including 
a fireproofing or fire detection system and sprinklers; 

(ii) instedlation of a system to prevent vandaUsm 
and arson; or 

(iii) relocation of a bridge to a preservation site. 

(3) Authenticity requirements. — ^A grant under para- 
graph (1) may be made for a project only if — 

(A) to the maximum extent practicable, the project — 
(i) is carried out in the most historically appro- 
priate manner; £md 

(ii) preserves the existing structure of the historic 
covered bridge; and 

(B) the project provides for the replacement of wooden 
components with wooden components, unless the vise of 
wood is impracticable for safety reasons. 

(d) Authorization of Appropriations.— There is authorized 
to be appropriated to carry out this section, out of the Highway 
Trust Fund (other than the Mass Transit Account), $10,000,000 
for each of fiscal yezms 2006 through 2009. 

(e) Appucabiltty of Title 23. — Funds made available to carry 
out this section shall be available for obhgation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, United 
States Code; except that the Federal share of the cost of any 
project or activity carried out under this section shall be determined 
in accordance Avith section 120 of such title, and such funds shall 
remain available imtil expended and shall not be transferable. 

SEC. 1805. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVER. 23USC 144 note. 
PASSES. 

(a) In General. — Any State that demohshes a bridge or an 
overpass that is ehgible for Federal assistance under the highway 
bridge replacement and rehabilitation program under section 144 
of title 23, United States Code, is directed to first make the debris 
from the demolition of such bridge or overpass available for bene- 
ficial use by a Federal, State, or local government, unless such 
use obstructs navigation. 

(b) Recipient Responsibilities.— A recipient of the debris 
described in subsection (a) shall — 

(1) bear the additional cost associated with having the 
debris made available; 



254 



119 STAT. 1460 



PUBLIC LAW 109-59— AUG. 10, 2005 



Missouri. 

California. 

Minnesota. 

Wisconsin. 

23 use 217 note. 



(2) ensure that placement of the debris complies with 
applicable law; and 

(3) assume aU future legal responsibility arising from the 
placement of the debris, which may include entering into an 
agreement to hold the owner of the demolished bridge or over- 
pass harmless in any liabiUty action. 

(c) Definition. — In this section, the term "beneficial use" means 
the application of the debris for purposes of shore erosion control 
or stabilization, ecosystem restoration, and marine habitat creation. 

SEC. 1806. ADDITIONAL AUTHORIZATION OF CONTRACT AUTHORITY 
FOR STATES WITH INDIAN RESERVATIONS. 

Section 1214(d)(5)(A) of the Transportation Eqviity Act for the 
21st Century (23 U.S.C. 202 note; 112 Stat. 206) is amended by 
striking "$1,500,000 for each of fiscal years 1998 through 2003" 
and inserting "$1,800,000 for each of fiscal years 2005 through 
2009". 

SEC. 1807. NONMOTOREZED TRANSPORTATION PILOT PROGRAM. 

(a) Establishment. — The Secretary shall establish and ceirry 
out a nonmotorized transportation pilot program to construct, in 
the following 4 communities selected by the Secretary, a network 
of nonmotorized tremsportation infrastructure facilities, including 
sidewalks, bicycle lanes, and pedestrian and bicycle trails, that 
connect directly with transit stations, schools, residences, 
businesses, recreation eireas, and other community activity centers: 

(1) Columbia, Missouri. 

(2) Marin County, California. 

(3) Minneapolis-St. Paul, Minnesota. 

(4) Sheboygan County, Wisconsin. 

(b) Purpose. — ^The purpose of the program shall be to dem- 
onstrate the extent to which bicycling and walking can carry a 
significant part of the transportation load, and represent a major 
portion of the transportation solution, within selected communities. 

(c) Grants. — In carrying out the program, the Secretary may 
make a grant of $6,250,000 per fiscal year for each of the commu- 
nities set forth in subsection (a) to State, local, and regional agencies 
that the Secretary determines are suitably equipped and organized 
to carry out the objectives and requirements of this section. An 
agency that receives a grant under this section may suballocate 
grant fiinds to a nonprofit organization to carry out the program 
under this section. 

(d) Statistical Information. — In carrying out the program, 
the Secretauy shall develop statistical information on changes in 
motor vehicle, nonmotorized transportation, and public transpor- 
tation usage in communities participating in the program and assess 
how such changes decrease congestion and energy usage, increase 
the frequency of bicycling and walking, and promote better health 
and a cleaner environment. 

(e) Reports. — ^The Secretary shall submit to Congress an 
interim report not later than September 30, 2007, and a final 
report not later than September 30, 2010, on the results of the 
program. 

(f) Funding. — 

(1) Authorization of appropriations.— There is author- 
ized to be appropriated to carry out this section, out of the 
Highway Trust Fund (other than the Mass Transit Accoxint), 
$25,000,000 for each of fiscal years 2006 through 2009. 



255 



119 STAT. 1464 PUBLIC LAW 109-59— AUG. 10, 2005 

(g) Flexibility in the State of Montana.— The State of Mon- 
tana may use funds apportioned under section 104(bX2) of title 
23, United States Code, for the operation of public transit activities 
that serve a nonattainment or maintenance area. 

(h) Availability of Funds for State of Michigan.— The 
State of Michigan may use funds apportioned under section 
104(b)(2) of such title for the operation and maintenance of intel- 
ligent transportation system strategies that serve a nonattainment 
or maintenance area. 

(i) Availability of Funds for the State of Maine.— The 
State of Maine may use funds apportioned under section 104(b)(2) 
of such title to support, through September 30, 2009, the operation 
of passenger rail service between Boston, Massachusetts, and Port- 
land, Maine. 

(j) Availability of Funds for Oregon. — ^The State of Oregon 
may use funds apportioned on or before September 30, 2009, under 
section 104(b)(2) of such title to support the operation of additional 
passenger rail service between Eugene and Portland. 

(k) AVAILABILTY OF FUNDS FOR CERTAIN OTHER STATES. — ^The 

States of Missovuri, Iowa, Minnesota, Wisconsin, Illinois, Indiana, 
and Ohio may use funds apportioned under section 104(bX2) of 
such title to purchase alternative fuel (as defined in section 301 
of the Energy PoUcy Act of 1992 (42 U.S.C. 13211)) or biodiesel. 

Subtitle I — ^Miscellaneous 

SEC. 1901. INCLUSION OF REQUIREMENTS FOR SIGNS IDENTIFYING 
FUNDING SOURCES IN TITLE 23. 

(a) In General. — Chapter 3 of title 23, United States Code, 
is amended by inserting after section 320 — 

(1) the following: 

**§ 321. Signs identifying funding sources"; 

and 

(2) the text of section 154 of the Federal-Aid Highway 
Act of 1987 (23 U.S.C. 101 note). 

(b) Clerical Amendment. — ^The analysis for such chapter is 
amended by inserting after the item relating to section 320 the 
following: 

"321. Signs identifying funding sources.". 

(c) Conforming Repeal. — Section 154 of the Federal-Aid High- 
way Act of 1987 (23 U.S.C. 101 note; 101 Stat. 209) is repealed. 

SEC. 1902. DONATIONS AND CREDITS. 

Section 323 of title 23, United States Code, is amended — 

(1) in the first sentence of subsection (c) by inserting ", 
or a local government fi-om offering to donate funds, materials, 
or services performed by local government employees," after 
"services"; and 

(2) by striking subsection (e). 

SEC. 1903. INCLUSION OF BUY AMERICA REQUIREMENTS IN TITLE 
23. 

(a) In General.— Chapter 3 of title 23, United States Code, 
is amended by inserting after section 312— 
(1) the following: 



256 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1485 

SEC. 1931. RICHARD NIXON PARKWAY, CAUFOKNIA. 

(a) Designation. — ^The segment of the Imperial Highway 
located between California State Route 91 and Esperanza Road 
in the State of California shedl be known and designated as the 
"Richard Nixon Parkway". 

(b) References. — ^Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the high- 
way segment referred to in subsection (a) shall be deemed to be 
a reference to the "Richard Nixon Parkway". 

SEC. 1932. AMO HOUGHTON BYPASS. New York. 

(a) Designation. — ^The 3-mile segment of Interstate Route 86 
between its interchange with New York State Route 15 in the 
vicinity of Painted Post, New York, and its interchange with New 
York State Route 352 in the vicinity of Coming, New York, shall 
be known and designated as the "Amo Houghton Bypass". 

(b) References. — ^Any reference in a law, map, regulation, 
doctunent, paper, or other record of the United States to the high- 
way segment referred to in subsection (a) shall be deemed to be 
a reference to the "Amo Houghton Bypass". 

SEC. 1933. BILX.Y TAUZIN ENERGY CORRIDOR. Louisiana. 

(a) Designation. — Louisiana Route 1 shall be known and des- 
ignated as the "Billy Tauzin Energy Corridor". 

(b) References. — Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the high- 
way segment referred to in subsection (a) shall be deemed to be 
a reference to the "Billy Tauzin Energy Corridor". 

SEC. 1934. TRANSPORTATION IMPROVEMENTS. 

(a) Authorization of Appropriations.— 

(1) In general. — For each of fiscal years 2005 through 
2009, there are authorized to be appropriated from the Highway 
Trust Fund (other than the Mass Transit Account) such sums 
£is are necessary to make allocations in accordance with pzira- 
graph (2) to carry out each project described in the table con- 
tained in subsection (c), at the amount specified for each such 
project in that table. 

(2) Allocation percentages. — Of the total amount speci- 
fied for each project described in the table contained in sub- 
section (c), 10 percent for fiscal year 2005, 20 percent for 
fiscal yeeir 2006, 25 percent for fiscal year 2007, 25 percent 
for fiscal year 2008, and 20 percent for fiscal year 2009 shall 
be allocated to carry out each such project in that table. 

(b) Contract Authority.— 

(1) In general. — Fvmds authorized to be appropriated to 
carry out this subsection shall be available for obligation in 
the same manner as if the funds were apportioned vmder 
chapter 1 of title 23, United States Code, except that the 
fiinds shall remain available until expended. 

(2) Federal share.— The Federal share of the cost of a 
project under this section shall be determined in accordance 
with section 120 of such title. 

(c) Table. — The table referred to in subsections (a) and (b) 
is as follows: 



257 



119 STAT. 1490 



No. 



74. 



79. 
80. 
81. 
82. 



PUBLIC LAW 109-59— AUG. 10, 2005 

Transportation Improvements — Continued 



State 



lA 



75. 


lA 


76. 


lA 


77. 


lA 


78. 


lA 



lA 
lA 
lA 
lA 



83. 


lA 


84. 


lA 


85. 


lA 


86. 


lA 


87. 


lA 


88. 


lA 


89. 


lA 


90. 


lA 


91. 


lA 


92. 


lA 


93. 


lA 


94. 


lA 


95. 


lA 



Project Description 



University of Iowa, Public Policy Center — Field 
Test of Onboard Computer Assessment of High- 
way User Fees 

Drake University, 28th and Carpenter Streets Im- 
provements, Des Moines 



Loess Hills Scenic Byways/Resource Protection, 
Western Iowa 

Great River Road National Scenic Byway, Rivers 
to the Sea, Dubuque County 



Great River Road National Scenic Byway, Mud 
Lake Road, Dubuque County 



Great River Road National Scenic Byvray, Ren- 
ovating Old Fort Madision 



Great River Road National Scenic Byway, Louisa 
County 



Great River Road National Scenic Byway, 
Montrose 



Wapsi-Great Western Trail System, Mitchell and 
Howard Counties 



Lewis and Clark Trail Study 

Recreation Trail, Comanche to Clinton 



Mississippi River Trail, Heritage Trail, Dubuque 
County 

Mississippi River Trail, Bridge at Credit Island, 
Davenport 



Mississippi River Trail, Leach Park in Bettendorf 
to Riverdale 



American Discovery Trail, Hoover Nature Trail 
connect to Ely 



American Discovery Trail, connection to Clear 
Creek Trail, Coralville 



Downtown Improvement Project, DeWitt .... 

19th Avenue North Connector, Clinton 

McCollister Boulevard, Iowa City (HP: 830) 

County Home Road, Linn County 

Collins Road, Cedar Rapids 



I-80/Middle Road Interchange Justification Report 
with Environmental Assessment, Bettendorf 



Amount 



$4,000,000 

$1,500,000 

$330,000 

$5,000,000 

$600,000 

$37,445 

$1,700,000 

$73,500 

$2,300,000 

$250,000 

$2,100,000 

$1,680,000 

$2,000,000 

$2,165,000 

$200,000 

$450,000 
$1,700,000 
$1,500,000 
$3,000,000 
$1,200,000 
$6,000,000 

$500,000 



258 



No. 



178. 
179. 

180. 

181. 

182. 

.->183. 
-> 184. 

185. 



196. 



PUBLIC LAW 109-59— AUG. 10, 2005 

Transportation Improvements — Continued 



119 STAT. 1495 



state 



MA 

MA 

MA 

MD 

MD 

MD 
MD 

ME 



186. 


ME 


187. 


ME 


188. 


ME 


189. 


ME 


190. 


ME 


191. 


ME 


192. 


ME 


193. 


ME 


194. 


ME 


195. 


ME 



MI 



Project Description 



Design and construct downtown roadway and 
streetscape improvements in Brockton 

Design, engineering, and construction at 1—93 The 
Junction Interchange, Andover, Tewksbury, and 
Wilmington 

Gainsborough St. and St. Botolph Street Improve- 
ments in Boston 



Upgrade MD 175 in Anne Arundel County between 
MD 170 and BW Parkway 

Improve U.S. 40, MD 715 interchange at Aberdeen 
Proving Ground 

Upgrade MD 4 at Suitland Parkway 



Construct Fort McHenry Visitors Center and re- 
lated parking facilities 



Plan and construct North-South Aroostook hi^- 
wajrs to improve access to the St. John Valley, 
including Presque Isle Bypass and other im- 
provements 

Repair and improvement of Deer Isle-Sedgwick 
Bridge 

Construction of Calais/St. Stephen Border Crossing 
Project 

Replacement of Waldo-Hancock Bridge 



Improvements and construction of U.S. Route lA 
and State Route 9 in Bangor, Maine 

Planning and construction of the Gorham Bypass, 
Gorham, Maine 

Access and Traffic Improvements to Route 15 in 
Brewer, Maine 

Sedgewick — Deer Isle Bridge, Sedgewick, Maine .... 

Augusta Memorial Bridge improvements, Augusta, 
Maine 

Replacement of Waldo-Hancock and construction of 
related pedestrian walkways 

Research development of Cathodic Bridge Protec- 
tion to extend the life of concrete bridges and 
Marine structures within varied climates 

Detroit Riverfront Conservancy, West Riverfront 
Walkway, Greenway and Adjacent Land Acquisi- 
tion, from Riverfront Towers to Ambassador 
Bridge, Detroit 



Amount 



$2,000,000 

$4,000,000 

$2,000,000 

$5,000,000 

$5,000,000 
$5,000,000 

$2,000,000 

$5,000,000 

$3,000,000 

$1,000,000 
$1,000,000 

$1,500,000 

$2,500,000 

$500,000 
$3,000,000 

$1,000,000 

$1,000,000 

$500,000 
$20,000,000 



259 



119 STAT. 1496 



No. 



197. 
198. 

199. 



PUBLIC LAW 109-59— AUG. 10, 2005 

Transportation Improvements — Continued 



State 



MI 

MI 

MI 



200. 


MI 


► 201. 


MI 


202. 


MI 


203. 


MI 


204. 


MI 


205. 


MI 


206. 


MI 


207. 


MI 


208. 


MI 


209. 


MN 


210. 


MN 


211. 


MO 


212. 


MO 


213. 


MO 


214. 


MO 


215. 


MO 


216. 


MO 



Project Description 



Reconstruct and widen 1—94 in Kalamazoo 



Construction of a new at-grade crossing and 1-75 
interchange to reconnect Milbocker and McCoy 
Roads and a new overpass to reconnect Van Tyle 
to South Wisconsin Road in Gaylord 

The Trowbridge Road Extension to Farm Lane, 
Ingham County, MI, Farm Lane between Mount 
Hope Road and Trowbridge Road with under- 
passes for CN and CSX railroad crossings 

East Riverfront, completion of Detroit Riverfront 
East Walkway, Detroit 

Alger County, Repaving a portion of H-58 between 
Sullivan Creek towards Little Beaver Road 



Jackson Road Boulevard Project, Scio Township .... 

Blue Water Bridge Flaza Expansion, Improve 
Highway connections along 1-94 and 1-69 Port 
Huron 



Midtown Detroit Greenway Loop, Detroit Cultural 
Center in Detroit 



Pinnacle Aeropark Access Project in Wa3Tie Coun- 
ty 



Washington Ave. Streetscape and rail relocation in 
Saginaw 

U.S. 131 widening ftY>m the Mamstee River to 
north of M— 113 in Grand Traverse County 

11 Mile Road Reconstruction — Berkley, Hun- 
tington Woods, Oak Park 

Phase III construction of Trunk Highway 610-10 .. 

Polk, Pennington, Marshall Coimty 10-Ton Cor- 
ridor in Northwestern Minnesota 



Mississippi River Bridge St. Louis, Missouri 
1-29 Paseo Bridge Kansas City, Missouri 



Page Ave. Extension, Phase 2, St. Charles County, 
Missouri 



U.S. 67 Corridor from Butler to St. Francois Coun- 
ty, Missouri line 



Lewis and Clark Expressway, 39th Street to Hwy 
24, Jackson Coun^, Missouri 

Hwy 54 Lake Ozark Bypass, Miller and Camden 
Counties, Missouri 



Amount 



$20,000,000 

$7,000,000 

$6,000,000 

$3,000,000 

$11,000,000 
$5,000,000 

$18,000,000 

$2,000,000 

$2,000,000 

$1,000,000 

$3,000,000 

$2,000,000 
$8,000,000 

$2,000,000 
$25,000,000 
$50,000,000 

$20,000,000 

$15,000,000 

$30,000,000 

$3,000,000 



260 



119 STAT. 1498 



PUBLIC LAW 109-59— AUG. 10, 2005 



Transportation Improvements — Continued 



No. 



State 



Project Description 



Amount 



-> 238. 



239. 



MT 



MT 



240. 
241. 

242. 

243. 
244. 

245. 

246. 
247. 

248. 

249. 
250. 
251. 

252. 



MT 
MT 

MT 

MT 
MT 

MT 

MT 
MT 

MT 

MT 
MT 
MT 

MT 



Develop and construct St. Mary water project road 
and bridge infrastructure including: New bridge 
and approaches across St. Mary River, stabiliza- 
tion and improvements to U.S. 89, and road/ 
canal from Siphon Bridge to Spider Lake 



U.S. 2, corridor feasibility study, environmental re- 
view and construction, whidi may include con- 
struction of a 4-lane highway, for roadway sec- 
tions from Glasgow east to the North Dakota 
State line, provided that eill currently pro- 
grammed highway improvement projects move 
forward 



Develop East Belgrade Interchange and connecting 
roadways to include environmented review 



Reconstruct Marysville Road consistent with final 
environmental document, Lewis and Clark 
County 



Develop and construct transportation enhance- 
ments including bicycle/pedestrian trails, land- 
scaping, footbridges, parks, and river access on 
and in the vicinity of the Milltown Dam Site, 
Missoula County and Deer Lodge County 



Develop Billings bypass, Yellowstone County 



Develop Great Falls South Arterial, including envi- 
ronmental review 



Develop and construct Helena 1-15 corridor con- 
sistent with final environmental document and 
record of decision 



Develop and construct U.S. 212 Red Lodge North .. 

Develop and construct Whitefish pedestrian and 
bicycle trails 



Develop and construct parking lot and transpor- 
tation enhancements including bicycle/pedes- 
trian trails and urban plaza, serving the City of 
Bozemfin Public Library 

U.S. 2, Swamp Creek East roadway and bridge re- 
construction, Lincoln County 

Russell Street reconstruction and bridge expansion 
over the Clark Fork River, Missoula 

Conrad 1-15 North Interchange modifications to 
provide access east of the current interchange, 
Pondera County 

Develop and improve access road and structure 
serving the Port of Montana and Silicon Moun- 
tain Technology Park 



$8,000,000 



$10,000,000 
$8,000,000 

$5,000,000 



$5,000,000 
$7,000,000 

$4,500,000 

$10,000,000 
$22,000,000 

$3,000,000 



$1,125,000 
$6,000,000 
$6,000,000 

$4,000,000 

$4,000,000 



261 



No. 



293. 
294. 
295. 

^296. 
297. 



311. 

312. 
313. 



PUBLIC LAW 109-59— AUG. 10, 2005 

Transportation Improvements — Continued 



119 STAT. 1501 



state 



NM 
NM 
NM 

NV 

NV 



298. 


NV 


299. 


NV 


300. 


NV 


301. 


NV 


302. 


NV 


303. 


NY 


304. 


NY 


305. 


NY 


306. 


NY 


307. 


NY 


308. 


NY 


309. 


NY 


310. 


NY 



NY 

NY 
NY 



Project Description 



Reconstruction of NM18 in Lea Coiuity 

Reconstruction of U.S. 180 in Grant County 



Reconstruction of U.S. 491 from Tohatchi to 
Shiprock 

Hoover Dam Bjrpass — Boulder City Extension 



California Trail Interpretive Center roadside im- 
provements and access infrastructure 

1-15 Widening north from U.S. 95 to Apex Road in 
Clark County 

V and T Railroad Reconstruction Project in Carson 
City 



Carson City Bypass Enhancement Project (Phase 
n). Carson City (GROW and NDOT) 



Laughlin-Bullhead City Colorado River Bridge . 
Rail Access Corridor Enhancement in Reno 



Peace Bridge Redevelopment Project, Road Im- 
provements, and Construction, Buifalo 



Improvements to Moynihan Station 



Design and Construction of Renaissance Square 
Intermodal FaciUty in Rochester 

Repair and Restoration of the Outdoor Area on 
82nd Street and 5th Avenue 



Improvements to the New York Public Library vi- 
cinity 



Construction and Improvements to York Street in 
Auburn 



Streetscape, Roadway, and Improvements for the 
College of New Rodielle 



South Lexington and Post Road Streetscape Ex- 
pansion in White Plains 

Planning and Interim Improvements for the Man- 
hattan, Bronx, Yonkers Hudson River Greenway 
Link 

DestiNY USA Design, Research, Construction and 
Improvements 

Restoration of Vehicle Traffic to Main Street in 
Downtown Buffalo 



Amount 



$3,000,000 
$3,000,000 

$2,000,000 
$26,500,000 

$2,000,000 

$26,500,000 

$10,000,000 

$2,000,000 
$18,000,000 
$15,000,000 

$17,000,000 
$10,000,000 

$4,000,000 

$3,000,000 

$3,000,000 

$2,000,000 

$1,000,000 

$1,000,000 

$1,000,000 
$5,000,000 
$2,000,000 



262 



PUBLIC LAW 109-59— AUG. 10, 2005 

Transportatioa Improvements — Contioued 



119 STAT. 1507 



No. 



411. 
412. 

413. 

414. 

415. 

416. 

417. 

— >418. 



419. 



425. 

426. 
427. 
428. 
429. 

430. 



State 



VT 
VT 

VT 

VT 

VT 

VT 

VT 

VT 

VT 



420. 


VT 


421. 


VT 


422. 


VT 


423. 


VT 


424. 


VT 



VT 

WV 
WV 
VA 
AS 

AS 



Project Description 



Improvements to Vermont interstates 

Vermont Institute of Natural Science turning lane 
on U.S. Rt. 4 in Woodstock 

Western Corridor Rail Improvements, ABRB&E, 
Vermont 

Design and Construction of the Bennington Wel- 
come Center 

Improvements to the E. Alburg Railroad Trestle 
Swing Span 

Rehabilitation of Hartford Northbound and South- 
bound rest areas 

Improvements to the Island Line at South Street 
in South Hero 

Property acquisition and improvements for public 
access and viewshed protection for the Cedar 
Creek Vermont monument at the Cedar Creek 
and Belle Gtx)ve National Historical Park in Vir- 
ginia 

Design and construction of the South Bm^lington 
City Center project 



Rehabilitation of statewide covered bridges 



Improvements to the Green Mountain Rail Line 
between Rutland and Bellows Falls 

Streetscape and road improvements in the Village 
of Enosbui^ Falls 

Signalization and storm drainage improvements to 
Main Street in Brattleboro 

Streetscape, trail and road improvements in 
Lamoille, Caledonia, Grand Isle and Chittenden 
Coimties 



Vermont Statewide 
Stormwater Projects . 



Transportation and 



Improvements to U.S. Rt.-35 in Putniim County ... 

Raleigh Street Extension Project in Martinsburg ... 

I-64/City Line Road Interchange in Virginia Beach 

Shoreline protection and drainage mitigation for 
Nuuuli village roads 

Village road improvements for Ta'u, Ofu, and 
Olosega-Sili counties in Manu'a district 



Amount 



$10,000,000 
$300,000 

$30,000,000 
$6,500,000 
$5,000,000 
$6,500,000 
$2,000,000 

$2,000,000 

$5,000,000 
$6,200,000 

$2,500,000 

$1,000,000 

$3,000,000 

$4,000,000 

$6,000,000 
$25,000,000 
$10,000,000 

$5,000,000 

$1,000,000 
$1,400,000 



263 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1511 

(2) Exception. — ^Nothing in paragraph (1) limits any 
expenditure with respect to — 

(A) emergency rehef in response to a development 
occurring after the date of enactment of this Act; or 

(B) an authority under any other provision of law 
(including section 125 of such title). 

(e) Effect of Section. — Nothing in this section authorizes 
or provides funding for the construction, operation, or maintenance 
of an outlet at Devils Lake in the State of North Dakota. 

SEC. 1938. TECHNOLOGY. Bridges. 

States are encouraged to consider using a nondestructive tech- 
nology able to detect cracks including sub-surface flaws as smzdl 
as 0.005 inches in length or depth in steel bridges. 

SEC. 1939. BIA INDIAN ROAD PROGRAM. Alaska. 

(a) Limitation on Applicability of Certain Rule. — The final 
rule effective October 1, 2004, pubUshed in the Federal Register, 
July 19, 2004, at pages 43089, relating to the Indian reservation 
road program administered by the Bureau of Indian Affairs of 
the Department of the Interior, shall not apply to the following 
Alaska villages with respect to the following projects: 

(1) Craig, Alaska, Craig Community Association, Point St, 
Nicholas Road improvements. 

(2) Cordova, Alaska, Native Village of Eyak, Shepard's 
Point Road improvements. 

(3) Hydaburg, Alaska, Hydaburg Community Association, 
Hydaburg community street improvements. 

(4) Healy Lake, Alaska, Healy Lake Tradi- 
tional, Ctunmings Road improvements. 

(b) Special Rule. — For the villages listed in subsection (a), 
the Indian reservation road program shall be administered by the 
Bureau of Indian Affairs under the rules and regulations in effect 
before the adoption of the final rule referred to in subsection (a), 
and the Secretary shall pay, fi-om amounts made available to carry 
out section 202(d) of title 23, United States Code, for fiscal year 
2006 each of the tribal organizations referred to in subsection 
(a) for the Federal share of the costs of the projects listed in 
subsection (a). 

SEC. 1940. GOING-TO-TBE-SUN ROAD, GLACIER NATIONAL PARK, MON- 
TANA. 

(a) Project Authorization. — ^There is authorized to be appro- 
priated to the Secretary firom the Highway Trust Fund (other than 
the Mass Transit Account) to resurface, repair, rehabilitate, and 
reconstruct the Going-to-the-Sun Road at Glacier National Park, 
Montana, in accordance with the framework identified in Alter- 
native 3 (shared use alternative) of the environmental impact state- 
ment and record of decision dated 2003 and relating to the Going- 
to-the-Sun Road, to remain available until expended — 

(1) $10,000,000 for fiscal year 2005; 

(2) $10,000,000 for fiscal year 2006; 

(3) $10,000,000 for fiscal year 2007; 

(4) $10,000,000 for fiscal year 2008; and 

(5) $10,000,000 for fiscal year 2009. 

(b) Federal Share. — The Federal share of the costs of the 
project described in subsection (a) shall be 100 percent. 



264 



119 STAT. 1514 



PUBLIC LAW 109-59— AUG. 10, 2005 



Massachusetts. SEC. 1948. EMERGENCY SERVICE ROUTE. 

Notwithstanding any Federal law, regulation, or policy to the 
contrary, no Federm funds shall be obligated or expended for the 
demolition of the existing Brightman Street Bridge connecting Fall 
River and Somerset, Massachusetts, and the existing Brightman 
Street Bridge shall be maintained for pedestrian and bicycle access, 
and as an emergency service route. 

Alaska. SEC. 1949. KNIK ARM BRIDGE FUNDING CLARIFICATTON. 

The Secretary shall provide to the public entity known as 
the Knik Ann Bridge and Toll Authority, established by the State 
of Alaska, funds provided in items 2465 and 3677 in the table 
contained in section 1702, item 2 in the table contained in section 
1934, and item 14 in the table contained in section 1302. 

Louisiana. SEC. 1950. LINCOLN PARISH, LA/I-20 TRANSPORTATION CORRIDOR 

PROGRAM. 

(a) In General.— The Secretary shall credit non-Federal 
expenditures paid on or after October 23, 2000, by project sponsors 
of the Lincoln Parish transportation and community and system 
preservation project funded by the Department of Transportation 
and Related Agencies Appropriations Act, 2001 (Public Law 106- 
346), and the United States Route 167/1-20 interchange Interstate 
maintenemce discretionary project funded by the Department of 
TVansportation and Related Agencies Appropriations Act, 2002 
(Public Law 107-87), that are in excess of the non-Federal matching 
requirements for such projects as non-Federal contributions toward 
the non-Federal matclung requirements for all LAT!-20 Transpor- 
tation Corridor Program elements between Louisiana Route 149 
and Louisiana Route 33. 

(b) Expiration of Authority.— The authority to provide credit 
imder subsection (a) expires on September 30, 2009. 

SEC. 1951. BONDING ASSISTANCE PROGRAM. 

Section 332 of title 49, United States Code, is amended by 
inserting at the end the following: 
"(e) Bonding Assistance. — 

"(1) In GENERAL.— The Secretary, acting through the 
Minority Resource Center established under subsection (b), 
shall provide assistance in obtaining bid, payment, and perform- 
ance bonds by disadvantaged business enterprises pursuant 
to subsection (bX4). 

"(2) AUTHORIZATION OF APPROPRIATION. — ^There is author- 
ized to be appropriated such sums as may be necessary for 
each of fiscal years 2005 through 2009 to cany out activities 
under this subsection.". 

Virginia. SEC. 1952. CONGESTION RELIEF. 

The Secretary shall conduct a design and feasibility analysis 
to alleviate southbound traffic congestion along the George Wash- 
ington Parkway, Virginia, between Interstate Route 495 and the 
14th Street Bridge and shaU take appropriate action in response 
to the results of that analysis. 

SEC. 1953. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out, in accord- 
ance with title 23, United States Code, projects under section 1301 
and 1302 of this Act. 



265 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1515 

SEC. 1954. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS. 

Section 217(c) of title 23, United States Code, is amended 
by striking "in conjunction with such trails, roads, highways, and 
parkways". 

SEC. 1955. CONVEYANCE TO THE CITY OF ELY, NEVADA. 

Notwithstanding sections 202 and 203 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), the 
Secretary of the Interior, acting through the Director of the Bureau 
of Land Management, shall convey within 45 days after the date 
of enactment of this Act to the City of Ely, Nevada, subject to 
vahd existing rights, without consideration, all right, title, and 
interest of the United States in the land located within the railroad 
corridor described in rights-of-way numbered Nev-043230, Nev- 
043231, Nev-043232, Nev-43240, Nev-043234, ELKO-03009, 
ELKCM)3514, and CC-05887. 

SEC. 1956. BROWNFIELDS GRANTS. 

Section 104(k)(4)(B) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(kX4XB)) is amended by adding at the end the following: 

"(iii) EXCEFTIGN. — Notwithstanding clause (iXIV), 
the Administrator may use up to 25 percent of the 
funds made available to carry out this subsection to 
make a grant or loan under this subsection to eUgible 
entities that satisfy all of the elements set forth in 
section 101(40) to qualify as a bona fide prospective 
purchaser, except that the date of acquisition of the 
property was on or before January 11, 2002.", 

SEC. 1957. TRAFFIC CIRCLE CONSTRUCTION, CLARENDON, VERMONT. 

(a) In General. — The State of Vermont agency of transpor- Deadlines, 
tation shall — 

(1) not later than August 1, 2005, commence planning 
for a traffic circle at the intersection of United States Route 
7 and Vermont Route 103 in Clarendon, Vermont; and 

(2) not later than August 1, 2007, complete construction 
of that traffic circle. 

(b) Funding. — From amounts made available to the State of 
Vermont by this Act, the Secretary shall provide to the State 
of Vermont agency of transportation $1,000,000 for use in carrjdng 
out this section. 

SEC. 1968. LIMITATION ON PROJECT APPROVAL, Florida. 

Notwithstanding any provision of title 23, United States Code, 
the Secretary is prohibited fi-om approving any Federal-aid highway 
project in Orange and Seminole Counties, Florida, which provides 
access fi-om Interstate Route 4 to the right-of-way or median of 
Interstate Route 4 if tolls or toll facilities are used for the access 
to the right-of-way or median. 

SEC. 1959. CROSS HARBOR FREIGHT MOVEBIENT PROJECT. New York. 

pvfiw Jersey 

The Secretary shall provide to the public entity known as 
the Port Authority of New York and New Jersey, established by 
the States of New York and New Jersey, funds provided for project 
numbered 12 in section 1301 of this Act. 



266 



119 STAT. 1516 PUBLIC LAW 109-59— AUG. 10, 2005 

SEC. 1960. DENAU ACCESS SYSTEM PROGRAM. 

The Denali Commission Act of 1998 (42 U.S.C. 3121 note) 
is amended — 

(1) by redesignating section 309 as section 310; and 

(2) by inserting after section 308 the following: 

"SEC. 309. DENALI ACCESS SYSTEM PROGRAM. 

Deadline. "(a) ESTABLISHMENT OF THE DeNALI ACCESS SYSTEM PRO- 

GRAM. — Not later than 3 months after the date of enactment of 
the SAFETEA-LU, the Secretary of Transportation shall establish 
a program to pay the costs of planning, designing, engineering, 
and constructing road and other surface transportation infrastruc- 
ture identified for the Denali access system program imder this 
section. 

"(b) Denali Access System Program Advisory Committee. — 
Deadline. "(1) ESTABLISHMENT. — Not later than 3 months after the 

date of enactment of the SAFETEA-LU, the Denali Commission 
shall establish a Denali Access System Program Advisory Com- 
mittee (referred to in this section as the 'advisory committee*). 
"(2) Membership. — ^The advisory committee shall be com- 
posed of nine members to be appointed by the Governor of 
the State of Alaska as follows: 

"(A) The chairman of the Denali Commission. 
"(B) Foiu: members who represent existing regional 
native corporations, native nonprofit entities, or tribal 
governments, including one member who is a civil engineer. 
"(C) Four members who represent rural Alaska regions 
or villages, including one member who is a civil engineer. 
"(3) Terms.— 

"(A) In general. — Except for the chairman of the 
Commission who shall remain a member of the advisory 
committee, members shall be appointed to serve a term 
of 4 years. 

"(B) Initial members. — ^Except for the chairman of 
the Commission, of the eight initial members appointed 
to the advisory committee, two shall be appointed for a 
term of 1 year, two shall be appointed for a term of 2 
years, two shall be appointed for a term of 3 years, and 
two shall be appointed for a term of 4 years. All subsequent 
appointments shall be for 4 years. 

"(4) Responsibilities.— The advisory committee shall be 
responsible for the following activities: 

"(A) Advising the Commission on the surface transpor- 
tation needs of Alaska Native villages and rural commu- 
nities, including projects for the construction of essential 
access routes within remote Alaska Native villages and 
rural communities and for the construction of roads and 
facUities necessary to connect isolated rural communities 
to a road system. 

"(B) Advising the Commission on considerations for 
coordinatedtransportation planning among the Alaska 
Native villages, Alaska rural villages, the State of Alaska, 
and other government entities. 

"(C) Estabhshing a list of transportation priorities for 
Alaska Native village and rural community transportation 
projects on an annual basis, including funding rec- 
ommendations. 



267 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1517 

"(D) Facilitate the Commission's work on transpor- 
tation projects involving more than one region. 
"(5) FACA EXEMPTION.— The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the advisory committee. 
"(c) Allocation of Funds. — 

"(1) In general. — The Secretary shall allocate funding 
authorized emd made available for the Denah access system 
program to the Commission to carry out this section. 

"(2) Distribution of funding. — ^In distributing funds for 
surface transportation projects funded under the program, the 
Commission shall consult the hst of transportation priorities 
developed by the advisory committee. 

"(d) Preference to Alaska Materials and Products. — ^To 
construct a project under this section, the Commission shall encour- 
age, to the maximum extent practicable, the use of employees 
and businesses that are residents of Alaska. 

"(e) Design Standards. — Each project carried out under this 
section shall use technology and design standards determined by 
the Commission to be appropriate given the location and the 
functionality of the project. 

"(f) Maintenance. — Fvmding for a construction project under 
this section may include an additional amount equal to not more 
than 10 percent of the total cost of construction, to be retained 
for fiiture maintenance of the project. All such retained funds 
shall be dedicated for maintenance of the project and may not 
be used for other purposes. 

"(g) Lead Agency Designation. — For pvuposes of projects car- 
ried out under this section, the Commission shall be designated 
as the lead agency for purposes of accepting Federal fiindJs and 
for purposes of carrying out this project. 

"(h) Non-Federal Share.— Notwithstanding any other provi- 
sion of law, funds made available to carry out this section may 
be used to meet the non-Federal share of the cost of projects 
imder title 23, United States Code. 

"(i) Surface Transportation Program Transferability. — 
"(1) Transferability. — ^In any fiscal yeeu-, up to 15 percent 
of the amounts made available to the State of Alaska for 
svu^ace transportation by section 133 of title 23, United States 
Code, may be transferred to the Denali access system program. 
"(2) No effect on set-aside. — Paragraph (2) of section 
133(d), United States Code, shall not apply to funds transferred 
under paragraph (1). 
"(j) Authorization of Appropriations. — 

"(1) In general. — There is authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $15,000,000 for each of fiscal 
years 2006 through 2009. 

"(2) Appucabiuty of title 23. — ^Funds made available to 
carry out this section shall be available for obHgation in the 
same manner as if such funds were apportioned under chapter 
1 of title 23, United States Code; except that such funds shall 
not be transferable and shall remain available imtil expended, 
and the Federal share of the cost of any project carried out 
using such funds shaU be determined in accordance with section 
120(b).". 



268 



119 STAT. 1544 PUBLIC LAW 109-59— AUG. 10, 2005 

(B) make recommendations for a broad range of policy 
and program changes that wotdd serve to further reduce 
the level of deaths and injmies caused by alcohol impEiired 
driving. 

SEC. 2021. SENSE OF THE CONGRESS IN SUPPORT OF INCREASED 
PUBLIC AWARENESS OF BLOOD ALCOHOL CONCENTRA- 
TION LEVELS AND DANGERS OF ALCOHOL-IMPAIRED 
DRIVING. 

(a) Findings. — Congress finds that — 

(1) in 2003— 

(A) 17,013 Americans died in alcohol-related traffic 
crashes; 

(B) 40 percent of the persons killed in traffic crashes 
died in alcohol-related crashes; and 

(C) drivers with blood alcohol concentration levels over 
0.15 were involved in 58 percent of alcohol-related traffic 
fataUties; 

(2) research shows that 77 percent of Americans think 
they have received enough information about eilcohol-impaired 
driving and the way in which alcohol affects individual blood 
alcohol levels; and 

(3) only 28 percent of the American public can correctly 
identify the leg£d limit of blood alcohol concentration of the 
State in which they reside. 

(b) Sense of Congress. — ^It is the sense of Congress that 
the National Highway Traffic Setfety Administration should work 
with State and local governments and independent organizations 
to increase public awareness of — 

(1) State legal limits on blood alcohol concentration levels; 
and 

(2) the dangers of alcohol-impaired driving. 

23 use 402 note. SEC. 2022. EFFECTIVE DATE. 

Sections 2002 through 2007 of this title (and the amendments 
and repeals made by such sections) shall take effect October 1, 
2005. 

Federaipubuc TITLE III— PUBLIC TRANSPORTATION 

Transportation 

^USCsfoi SEC. 3001. SHORT TITLE. 

""**• This title may be cited as the "Federal PubUc Transportation 

Act of 2005". 

SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE; UPDATED 
TERMINOLOGY. 

(a) Amendments to Title 49. — Except as otherwise specifically 
provided, whenever in this title an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section 
or other provision of law, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code. 
49 use 5301. (b) Updated Terminology.— Chapter 53 is amended— 

(1) in the chapter heading by striking "MASS" and 
inserting "PUBUC"; 

(2) in section 5310(h) by striking "Mass" and inserting 
"PubUc"; 



269 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1573 

"(iii) constructing new or improving existing public 
transportation facilities to acconnnodate clean fuel 
buses; and 

"(B) at the discretion of the Secretary, may include 
a project located in a nonattaimnent or mgiintenance area 
described in paragraph (4)(A) relating to clean fuel, bio- 
diesel, hybrid electric, or zero emissions technology buses 
that exhibit equivalent or superior emissions reductions 
to existing clean fuel or hybrid electric technologies. 
"(3) Maintenance area. — ^The term 'maintenance area' has 
the meaning such term has under section 101 of title 23. 
"(4) Recipient. — 

"(A) In general. — ^The term 'recipient' means a des- 
ignated recipient (as defined in section 5307(a)(2)) for an 
area that, and a recipient for an urbanized area with 
a population of less than 200,000 that — 

"(i) is designated as a nonattainment area for ozone 
or carbon monoxide under section 107(d) of the Clean 
Air Act (42 U.S.C. 7407(d)); or 

"(ii) is a maintenance area for ozone or carbon 
monoxide. 

"(B) Smaller urbanized areas. — In the case of an 
urbanized area with a population of less than 200,000, 
the State in which the area is located shall act as the 
recipient for the area under this section. 
"(b) Authority. — The Secretary shall make grants in accord- 
ance with this section to recipients to finance eligible projects. 
"(c) Clean Diesel Buses.— Not more than 25 percent of the 
amount made available by or appropriated under section 5338 in 
each fiscal year to carry out this section may be made available 
to fund clean diesel buses. 

"(d) Grant Requirements.— 

"(1) In general. — A grant under this section shall be sub- 
ject to the requirements of section 5307. 

"(2) Government's share of costs for certain Applicability. 
projects. — Section 5323(i) applies to projects carried out under 
this section. 

"(e) Availability of Funds. — Any amovmt made available or 
appropriated under this section — 

"(1) shall remain available to a project for 2 years after 
the fiscal year for which the amount is made available or 
appropriated; and 

"(2) that remains unobligated at the end of the period 
described in paragraph (1) shsdl be added to the amount made 
available in the following fiscal year.". 

(b) Conforming Amendment.— The analysis for chapter 53 
is amended by striking the item relating to section 5308 and 
inserting the following: 

"5308. Clean fuels grant program.". 

SEC. 3011. CAPITAL INVESTMENT GRANTS. 

(a) In General. — Section 5309 is amended to read as follows: 

**§ 5309. Capital investment grants 

"(a) Definitions. — ^In this section, the following definitions 
apply: 

A ****** 



270 



119 STAT. 1586 PUBLIC LAW 109-59— AUG. 10, 2005 

made at the time projects are approved for entrance into 
preliminary engineering with — 

"(i) estimates made at the time projects are 
approved for entrance into final design; 

"(ii) costs and ridership when the project com- 
mences revenue operation; and 

"(iii) costs and ridership when the project has been 
in operation for 2 years. 

"(C) Considerations. — In making comparisons under 
subparagraph (B), the Secretary shall consider factors 
having an impact on costs and ridership not under the 
control of the contractor. The Secretary shall also consider 
the role taken by each contractor in the development of 
the project. 

"(3) Contractor performance incentive report.— Not 
later than 180 days after the enactment of the Federal Public 
Transportation Act of 2005, the Secreteuy shall submit to the 
committees referred to in subsection (k)(l) a report on the 
suitabiUty of allowing contractors to public transportation agen- 
cies that undertake new fixed guideway capital projects under 
this section to receive performance incentive awards if a project 
is completed for less than the original estimated cost, 
"(m) Allocating Amounts.— 

"(1) Fiscal year 2005. — Of the amounts made available 
or appropriated for fiscal year 2005 under section 5338(a)(3) — 
"(A) $1,437,829,600 shall be allocated for new fixed 
capital projects under subsection (d); 

"(B) $1,204,684,800 shall be allocated for capital 
projects for fixed guideway modernization; and 

"(C) $669,600,000 shall be allocated for capital projects 

for buses and bus-related equipment and facilities. 

"(2) Fiscal years 2006 through 2009. — ^The amounts made 

available or appropriated for fiscal years 2006 through 2009 

under sections 5338(b) and 5338(c) shall be allocated as foUows: 

"(A) Major capital investment grants. — Of the 

amounts appropriated under section 5338(c) — 

"(i) $200,000,000 for each of fiscal years 2007 
through 2009 shall be allocated for projects for new 
fixed guideway capital projects of less than $75,000,000 
in accordance with subsection (e); and 

"(ii) the remainder shall be allocated for major 
new fixed guideway capital projects in accordance with 
subsection (d). 

"(B) Fixed guideway modernization. — ^The amounts 
made available under section 5338(b)(2)(D) shall be allo- 
cated for capital projects for fixed guideway modernization. 
"(C) Buses and bus-related equipment and facili- 
ties. — ^The amoiuits made available vmder section 
5338(b)(2)(E) shall be allocated for capital projects for buses 
and bus-related equipment and facihties. 
"(3) Fixed guideway modernization.— The amounts made 
available for fixed guideway modernization imder section 
5338(b)(2XD) for fiscal year 2006 and each fiscal year thereafter 
shall be allocated in accordance with section 5337. 

"(4) Preliminary engineering and alternatives anal- 
ysis. — ^Not more that 8 percent of the allocation described in 



271 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1587 

psiragraph (1)(A) may be expended on alternatives analysis 
and preltminary engineering. 

"(5) Preliminary engineering. — Not more than 8 percent 
of the allocation described in paragraph (2)(A) may be expended 
on preliminary engineering. 

"(6) Funding for ferry boats. — Of the amounts described 
in paragraphs (1)(A) and {2)(A) — 

"(A) $10,400,000 shall be available in fiscal year 2005 
for capital projects in Alaska and Hawaii for new fixed 
guideway systems emd extension projects utilizing ferry 
boats, ferry boat terminals, or approaches to ferry boat 
termineds; 

"(B) $15,000,000 shall be available in each of fiscal 
years 2006 through 2009 for capital projects in Alaska 
and Hawaii for new fixed guideway ferry systems and 
extension projects utilizing ferry boats, ferry boat termi- 
nals, or approaches to ferry boat terminals; and 

"(C) $5,000,000 shall be available for each of fiscal 
years 2006 though 2009 for payments to the Denah 
Commission under the terms of section 307(e) of the Denali 
Commission Act of 1998 (42 U.S.C. 3121 note) for docks, 
waterfront development projects, and related transpor- 
tation infi-astructure. 

"(7) Bus AND BUS FACILITY GRANTS. — ^The amounts made 
available under paragraphs (1)(C) and (2)(C) shall be allocated 
as follows: 

"(A) Ferry boat systems.— $10,000,000 shall be avail- 
able in each of fiscal years 2006 through 2009 for ferry 
boats or ferry terminal facilities. Of such fiinds, the fol- 
lowing amounts shall be set aside for each fiscal year; 
"(i) $2,500,000 for the San Francisco Water Transit 
Authority. 

"(ii) $2,500,000 for the Massachusetts Bay 
Transportation Authority Ferry System. 

"(iii) $1,000,000 for the Camden, New Jersey Ferry 
System. 

"(iv) $1,000,000 for the Governor's Island, New 
York Ferry System 

"(v) $1,000,000 for the Philadelphia Penn's 
Landing Ferry Terminal. 

"(vi) $1,000,000 for the Staten Island Ferry, 
"(vii) $650,000 for the Maine State Ferry Service, 
Rockland. 

"(viii) $350,000 for the Swans Island, Maine Ferry 
Service. 

"(B) Fuel cell bus program. — ^The following amounts 
shall be set aside for the national fuel cell bus technology 
development program under section 3039 of the Federal 
Public Transportation Act of 2005: 

"(i) $11,250,000 for fiscal year 2006. 
"(ii) $11,500,000 for fiscal year 2007. 
"(iii) $12,750,000 for fiscal year 2008. 
"(iv) $13,500,000 for fiscal year 2009. 
"(C) Projects not in urbanized areas,— Not less than 
5.5 percent shall be available in each fiscal year for projects 
that are not in urbanized areas. 



272 



119 STAT. 1608 PUBLIC LAW 109-59— AUG. 10, 2005 

"(A) may be provided from an undistributed cash sur- 
plus, a replacement or depreciation cash fiind or reserve, 
a service agreement with a State or local social service 
agency or a private social service organization, or new 
capital; and 

"(B) may be derived from amoimts appropriated to 
or made available to a department or agency of the Govern- 
ment (other than the Department of Transportation) that 
are eligible to be expended for transportation. 
"(4) Use of certain funds. — For purposes of paragraph 
(3XB), the prohibitions on the use of funds for matching require- 
ments under section 403(a)(5)(C)(vii) of the Social Seciirity Act 
(42 U.S.C. 603(aX5)(CXvii)) shall not apply to Federal or State 
funds to be used for transportation purposes. 

"(5) Limitation on operating assistance.— A recipient 
carrying out a program of operating assistance under this sec- 
tion may not Hmit the level or extent of use of the Government 
grant for the pajrment of operating expenses.", 
(b) Conforming Amendment.— The anedysis for chapter 53 
is amended by inserting after the item relating to section 5316 
the following: 

"5317. New freedom program.". 

SEC, 3020. BUS TESTING FACILITY. 

(a) Facility. — Section 5318(a) is amended to read as follows: 
"(a) Facility. — ^The Secretary shall maintain one faciUty for 

testing a new bus model for maintainability, reliability, safety, 
performance (including braking performance), structural integrity, 
fuel economy, emissions, and noise.". 

(b) Availability of Amounts To Pay for Testing. — Section 
5318(d) is amended by striking "under section 5309(m)(l)(C) of 
this title" and inserting "to carry out this section". 

(c) Acquiring New Bus Models. — Section 5318(e) is amended 
to read as follows: 

"(e) Acquiring New Bus Models. — ^Amoimts appropriated or 
made available under this chapter may be obligated or expended 
to acquire a new bus model only if a bus of that model has been 
tested at the facility maintained by the Secretary under subsection 
(a).". 

SEC. 3021. ALTERNATIVE TRANSPORTATION IN PARKS AND PUBLIC 
LANDS. 

(a) In General. — Chapter 53 is amended by striking section 
5320 and inserting the following: 

**§ 5320. Alternative transportation in parks and public lands 

"(a) In General.— 

"(1) Authorization. — 

"(A) In general. — ^The Secretary, in consultation with 
the Secretary of the Interior, may award a grant or enter 
into a contract, cooperative agreement, interagency agree- 
ment, intra — agency agreement, or other agreement to 
carry out a qualified project under this section to enhance 
the protection of national parks and public lands and 
increase the enjoyment of those visiting the parks and 
pubUc lands by — 



273 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1609 

"(i) ensuring access to edl, including persons with 
disabilities; 

"(ii) improving conservation and park and public 
land opportunities in urban areas through partnering 
with State and local governments; and 

"(iii) improving park and public land transpor- 
tation infrastructure. 

"(B) Consultation with other agencies. — ^To the 
extent that projects are proposed or funded in eligible 
areas that are not within the jurisdiction of the Department 
of the Interior, the Secretary of the Interior shall consult 
with the heads of the relevant Federal land management 
agencies in carrying out the responsibilities under this 
section. 

"(2) Use of funds. — ^A grant, cooperative agreement, inter- 
agency agreement, intra — agency agreement, or other agree- 
ment for a qualified project under this section shall be available 
to finance the leasing of equipment and facilities for use in 
pubHc transportation, subject to any regulation that the Sec- 
retary may prescribe limiting the grant or agreement to leasing 
arrangements that are more cost-effective than purchase or 
construction. 

"(3) Alternative transportation faciuties and serv- 
ices. — ^Projects receiving assistance under this section shall 
provide alternative trginsportation facilities and services that 
complement and enhance existing transportation services in 
national parks and pubHc lands in a manner that is consistent 
with Department of Interior and other public land management 
policies regarding private automobile access to and in such 
parks and lands. 

(b) Definitions, — ^In this section, the following definitions 
apply: 

"(1) Eligible area. — ^The term 'eligible area' means any 
federally owned or managed park, refiige, or recreational area 
that is open to the general public, including — 

"(A) a unit of the National Park System; 
"(B) a unit of the National Wildlife Refiige System; 
"(C) a recreational area managed by the Bureau of 
Land Management; 

"(D) a recreation area managed by the Bureau of Rec- 
lamation; and 

"(E) a xinit of the National Forest System. 
"(2) Federal land management agency. — ^The term "Fed- 
eral land management agency* means a Federal agency that 
manages an eligible area. 

"(3) Alternative transportation.— The term 'alternative 
transportation' means transportation by bus, rail, or any other 
publicly or privately owned conveyance that provides to the 
pubUc general or special service on a regular basis, including 
sightseeing service. Such term also includes a nonmotorized 
transportation system (including the provision of facilities for 
pedestrians, bicycles, and nonmotorized watercrafl;). 

"(4) Qualified participant.— The term 'qualified partici- 
pant' me£ins — 

"(A) a Federal land management agenqr; or 
"(B) a State, tribal, or local governmental authority 
with jurisdiction over land in the vicinity of an eligible 



274 



119 STAT. 1610 PUBLIC LAW 109-59— AUG. 10, 2005 

area acting with the consent of the Federal land mang^e- 
ment agency, alone or in partnership with a Federal land 
management agency or other governmental or nongovern- 
mental participant. 

"(5) Qualified project.— The term 'qualified project' 
means a planning or capital project in or in the vicinity of 
an eUgible area that — 

"(A) is an activity described in section 5302(aXlXA), 
5303, 5304, 5305, or 5309(b); 
"(B) involves — 

"(i) the piirchase of rolling stock that incorporates 
clean fuel technology or the replacement of buses of 
a type in use on the date of enactment of the Federed 
Public Transportation Act of 2005 with clean fiiel 
vehicles; or 

"(ii) the deployment of alternative transportation 
vehicles that introduce innovative technologies or 
methods; 

"(C) relates to the capital costs of coordinating the 
Federal land management agency pubUc transportation 
systems with other public transportation systems; 

"(D) provides a nonmotorized transportation system 
(including the provision of facilities for pedestrians, 
bicycles, and nonmotorized watercraft); 

"(E) provides waterbome access within or in the 
vicinity of an eligible area, as appropriate to and consistent 
with this section; or 

"(F) is any other alternative transportation project 
thalr- 

"(i) enhances the environment; 
"(ii) prevents or mitigates an adverse impact on 
a natural resource; 

"(iii) improves Federal land management agency 
resource management; 

"(iv) improves visitor mobihty and accessibility and 
the visitor experience; 

"(v) reduces congestion and pollution (including 
noise pollution and visual pollution); or 

"(vi) conserves a natural, historical, or cultiu*al 

resource (excluding rehabilitation or restoration of a 

non-transportation facility). 

"(c) Federal Agency Cooperative Arrangements. — The Sec- 

retEuy shall develop cooperative arrangements with the Secretary 

of the Interior that provide for — 

"(1) technical assistance in alternative transportation; 
"(2) interagency and multidisciplinary teams to develop 
Federal land management agency alternative transportation 
policy, procedures, and coordination; and 

"(3) the development of procedures and criteria relating 
to the planning, selection, and funding of qualified projects 
and the implementation and oversight of the program of 
projects in accordance with this section. 
"(d) Limitation on Use of Available Amounts. — 

"(1) In general. — ^The Secretary, in consultation with the 
Secretary of the Interior, may use not more than 10 percent 
of the amount made available for a fiscal year iinder section 
5338(bX2)(J) to carry out planning, research, and technical 



275 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1611 

assistance under this section, including the development of 
technology appropriate for use in a qualified project. 

"(2) Additional amounts. — ^Amounts made available under 
this subsection are in addition to amounts otherwise available 
to the Secretary to carry out planning, research, and technical 
assistance under this chapter or any other provision of law. 
"(3) Maximum amount. — ^No qualified project shall receive 
more than 25 percent of the tot^ amount made available to 
carry out this section under section 5338(b)(2)(J) for any fiscal 
year. 

"(e) Planning Process. — In undertaking a qualified project 
under this section — 

"(1) if the qualified participant is a Federal land manage- 
ment agency — 

"(A) the Secretary, in cooperation with the Secretary 
of the Interior, shall develop transportation planning proce- 
dures that are consistent with — 

"(i) the metropohtan planning provisions under 
section 5303; 

"(ii) the statewide planning provisions under sec- 
tion 5304; and 

"(iii) the pubUc participation requirements vmder 
section 5307(d); and 

"(B) in the case of a qualified project that is at a 
unit of the National Park System, the planning process 
shall be consistent with the general management plans 
of the unit of the National Park System; and 
"(2) if the qualified participant is a State or local govern- 
mental authority, or more than one State or local governmental 
authority in more than one State, the qualified participant 
shaU— 

"(A) comply with the metropolitan planning provisions 
under section 5303; 

"(B) comply with the statewide planning provisions 
under section 5304; 

"(C) comply with the public participation requirements 
under section 5307(d); and 

"(D) consult with the appropriate Federal land manage- 
ment agency during the planning process. 
"(f) Cost Sharing. — 

"(1) Government's share.— The Secretary, in cooperation 
with the Secretary of the Interior, shall establish the Govern- 
ment's shju-e of the net project cost to be provided to a qualified 
participant under this section. 

"(2) Considerations. — In establishing the Government's 
share of the net project cost to be provided under this section, 
the Secretary shall consider — 

"(A) visitation levels and the revenue derived fi*oin 
user fees in the eligible area in which the qualified project 
is carried out; 

"(B) the extent to which the qualified participant 
coordinates with a public transportation authority or pri- 
vate entity engaged in public transportation; 

"(C) private investment in the qualified project, 
including the provision of contract services, joint develop- 
ment activities, and the use of innovative financing mecha- 
nisms; 



276 



119 STAT. 1612 PUBLIC LAW 109-59— AUG. 10, 2005 

"(D) the clear and direct benefit to the quedified partici- 
pant; and 

"(E) any other matters that the Secretary considers 
appropriate to carry out this section. 

"(3) Special rule. — Notwithstanding any other provision 
of law, funds appropriated to any Federal land management 
agency may be counted toward the remainder of the net project 
cost. 
"(g) Selection of Qualified Projects. — 

"(1) In general. — ^The Secretary of the Interior, after con- 
sultation with and in cooperation with the Secretary, shall 
determine the final selection and funding of an anniial program 
of qualified projects in accordance with this section. 

"(2) Considerations. — In determining whether to include 
a project in the annual program of qualified projects, the Sec- 
retary of the Interior shall consider — 

"(A) the justification for the qualified project, including 
the extent to which the qualified project would conserve 
resources, prevent or mitigate adverse impact, and enhance 
the environment; 

"(B) the location of the qualified project, to ensure 
that the selected qualified projects — 

"(i) are geographically diverse nationwide; and 
"(ii) include qualified projects in eligible areas 
located in both urban areas and rural areas; 
"(C) the size of the quaUfied project, to ensure that 
there is a balanced distribution; 

"(D) the historical and cultural significance of a quali- 
fied project; 
"(E) safety; 

"(F) the extent to which the qualified project would — 
"(i) enhance livable communities; 
"(ii) reduce pollution (including noise pollution, air 
pollution, and visual pollution); 
"(iii) reduce congestion; and 

"(iv) improve the mobility of people in the most 
efiicient manner; and 

"(G) any other matters that the Secretary of the 
Interior considers appropriate to CEirry out this section, 
including — 

"(i) visitation levels; 

"(ii) the use of innovative finsmcing or joint 
development strategies; and 

"(iii) coordination with gateway communities. 
"(h) Quaufted Projects Carried Out in Advance. — 

"(1) In general. — When a qualified participant carries out 
any part of a qualified project without assistance under this 
section in accordance with all appUcable procedures and 
requirements, the Secretary, in consultation with the Secretary 
of the Interior, may pay the share of the net capital project 
cost of a qualified project if — 

"(A) the qualified participant applies for the payment; 

"(B) the Secretary approves the payment; and 

"(C) before carrying out that part of the qualified 

project, the Secretary approves the plans and specifications 

in the same manner as plans and specifications are 

approved for other projects assisted under this section. 



277 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1613 

"(2) Financing costs.— 

"(A) In general. — The cost of carrying out part of 
a qualified project under paragraph (1) includes the amount 
of interest earned and payable on bonds issued by a State 
or local governmental authority, to the extent that proceeds 
of the bond are expended in carrying out that part. 

"(B) Limitation on amount of interest. — ^The rate 
of interest under this paragraph may not exceed the most 
favorable rate reasonably available for the qualified project 
at the time of borrowing. 

"(C) Certification.— The qualified participant shaU 
certify, in a manner satisfactory to the Secretary, that 
the qualified participant has exercised reasonable dUigence 
in seeking the most favorable interest rate, 
"(i) Relationship to Other Laws.— 

"(1) Section 5307. — ^A qiialified participant under this sec- 
tion shedl be subject to the requirements of sections 5307 and 
5333(a) to the extent the Secretary determines to be appro- 
priate. 

"(2) Other requirements. — ^A qualified peirticipant under 
this section shall be subject to any other requirements that 
the Secretary determines to be appropriate to carry out this 
section, including requirements for the distribution of proceeds 
on disposition of real property and equipment resulting fi*om 
a quaiyied project assisted under this section. 

"(3) Project management plan.— If the amount of assist- 
ance anticipated to be reqvured for a quedified project under 
this section is not less than $25,000,000 — 

"(A) the qualified project shall, to the extent the Sec- 
retary considers appropriate, be carried out through a full 
fimding grant agreement in accordance with section 
5309(g); and 

"(B) the qualified pzirticipant shall prepare a project 
management plan in accordance with section 5327(a). 
"(j) Asset Management. — The Secretary, in consultation with 
the Secretary of the Interior, may transfer the interest of the 
Department of Transportation in, and control over, all facilities 
and equipment acquired under this section to a qualified participant 
for use and disposition in accordance with any property manage- 
ment regulations that the Secretary determines to be appropriate, 
"(k) Coordination of Research and Deployment of New 
Technologies. — 

"(1) Grants and other assistance.— The Secretary, in 
cooperation with the Secretary of the Interior, may undertake, 
or make grants, cooperative agreements, contracts (including 
agreements with departments, agencies, and instrumentahties 
of the Federal Government) or other agreements for research, 
development, and deployment of new technologies in eligible 
areas that will — 

"(A) conserve resources; 

"(B) prevent or mitigate adverse environmental impact; 
"(C) improve visitor mobility, accessibihty, and enjoy- 
ment; and 

"(D) reduce pollution (including noise pollution and 
visual pollution). 

"(2) Information. — The Secretary may request and receive 
appropriate information fi-om any source. 



278 



119 STAT. 1614 PUBLIC LAW 109-59— AUG. 10, 2005 

"(3) Funding. — Grants, cooperative agreements, contracts, 
and other agreements under paragraph (1) shall be awarded 
from amounts allocated under subsection (d)(1). 
"(1) Innovative Financing. — ^A qualified project receiving finan- 
cial assistance under this section shall be eligible for ftinding 
through a State infrastructure bank or other innovative financing 
mechanism available to finance an eligible project under this 
chapter. 

"(m) Reports. — 

"(1) In general. — ^The Secretary, in consultation with the 
Secretary of the Interior, shall annually submit a report on 
the allocation of amoimts made available to assist qualified 
projects under this section to — 

"(A) the Committee on Banking, Housing, and Urban 
Affairs of the Senate; 

"(B) the Committee on Transportation and Infrastruc- 
ture of the House of Representatives; and 

"(C) the Committee on Resotirces of the House of Rep- 
resentatives and the Committee on Energy and Natural 
Resources of the Senate. 

"(2) Annual reports. — ^The report required under para- 
graph (1) shedl be included in the report submitted under 
section 5309(k)(l).". 

(b) Conforming Amendment.— The analysis for chapter 53 
is amended by striking the item relating to section 5320 and 
inserting the following: 

"5320. Alternative transportation in parks and public lands.". 

SEC. 3022. HUMAN RESOURCES PROGRAMS. 

Section 5322 is amended — 

(1) by inserting "(a) In GENERAL.—" before "The Secretary"; 
and 

(2) by adding at the end the following: 
"(b) Fellowships.— 

"(1) AuTHORiry to make grants. — ^The Secretary may 
make grants to States, local governmental authorities, and 
operators of pubUc transportation systems to provide fellow- 
ships to train personnel employed in managerial, technical, 
and professional positions in the public transportation field. 
'^(2) Terms.— 

"(A) Period of training.— A fellowship xmder this sub- 
section may not be for more than 1 year of treiining in 
an institution that offers a program applicable to the public 
transportation industry. 

"(B) Selection of individuals.— A recipient of a grant 
for a fellowship under this subsection shall select an indi- 
vidual on the basis of demonstrated ability and for the 
contribution the individual reasonably can be expected to 
make to an efficient public transportation operation. 

"(C) Amount. — ^A grant for a fellowship under this 
subsection may not be more than the lesser of $65,000 
or 75 percent of the sum of— 

"(i) tuition and other charges to the fellowship 
recipient; 

"(ii) additional costs incurred by the training 
institution and billed to the grant recipient; and 
A ****** 



279 



119 STAT. 1652 PUBLIC LAW 109-59— AUG. 10, 2005 

(g) New Jersey Trans-Hudson Medtown Corridor.— Not 
later than 90 days after the date of enactment of this Act, the 
Secretary shall permit New Jersey Transit to enter into preUminary 
engineering on the New Jersey Trans-Hudson Midtown Corridor 
project. When evaluating the local share of such project in the 
new starts rating process, the Secretary shall give consideration 
to project elements of the New Jersey Trans-Hudson Midtown Cor- 
ridor advanced with 100 percent non-Federal fiinds, including the 
purchase of bi-level rail equipment and the New Jersey Transit 
Light Rail River Line. Based upon the project's evaluations and 
ratings required under section 5309(d) of title 49, United States 
Code, the Secretary shall give strong consideration to the project 
for a full funding grant agreement. 

(h) Houston Metro. — 

(1) Local share. — ^Notwithstanding any other provision 
of law, for the purpose of calculatiag the non-Federal share 
of the net project cost of any new fixed guideway capital project 
currently included in the Advanced Transit Program ("Metro 
Solutions Plan") sponsored by the Metropohtan Transit 
Authority of Harris County, Texas, the Secretary shall include 
$324,000,000 in State and local funds expended for the design 
and construction of the Red Line Light Rail Tremsit system 
that operates in Harris County, Texas. 

(2) Special rule. — No provision of this Act shall be con- 
strued to override or nvillify the will of the voters who approved 
the Metro Solutions Plan as described on the ballot and in 
the accompanjdng Board resolutions, nor shall any provision 
of this Act be construed to override or nullify the terms and 
conditions of Metro Board Resolution No. 2003-77 or any 
apphcable provision of State law or the charter of the City 
of Houston as in effect as of the date of enactment of this 
Act. 

(3) Amendment.— Section 178 of Pubhc Law 108-447, divi- 
sion H (118 Stat. 3230), is amended by striking "49 USC 
5309(e)(1)(A), 23 CFR 771.123, and 49 CFR 611.7." and 
inserting "49 U.S.C. 5309 and 49 CFR 611.7: Provided, That 
such projects shall retain their status in preliminary 
engineering should bvis rapid transit be chosen as the locally 
preferred alternative during that phase.". 

(i) Exemption.— The Metra BNSF Naperville to Aurora Exten- 
sion Project authorized under subsection (c) shall be exempted 
from all requirements related to criteria for grants for new fixed 
guideway capital projects under section 5309(d) of title 49, United 
States Code, and from regulations required under that section. 

(j) Rail Cars. — The project authorized by subsection (a)(31) 
includes an additional 52 rapid rail cars and project scope changes 
fi-om amounts authorized by the Transportation Equity Act for 
the 21st Century. 

SEC. 3044. PROJECTS FOR BUS AND BUS-RELATED FAdLTTIES AND 
CLEAN FUELS GRANT PROGRAM. 

(a) Projects. — Of the amounts made available to carry out 
section 5309(mX2)(C) of title 49, United States Code, for each of 
fiscal years 2006 through 2009, the Secretary shall make funds 
available for the following projects in not less than the amounts 
specified for the fiscal year: 



280 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1655 



Prqject Description 

22. Philadelphia. PA 
Philadelphia Zoo Inter- 
modal Transportation 
project w/parking con- 
solidation, pedestrian 
walkways, public trans- 
portation complements 
and landscape improve- 
ments to surface parking 
lots 

23. Construct intermodal 
transportation and park- 
ing facility, City of Win- 
ter Park, Florida 

24. Roma, TX Bus Facility 

25. New York City, NY 
First Phase Implementa- 
tion of Bus Rapid Tran- 
sit System 

26. Scottsdale, Arizona — 
Plan, design, and con- 
struct intermoded center 

27. Sonoma County, CA 
Purchase of CNG buses 

28. Camden, NJ Construc- 
tion of the Camden 
County Intermodal Fa- 
cility in Cramer Hill 

— > 29. Sandy Hook, NJ Na- 
tional Park Service Con- 
struct year-round ferry 
dock at Sandy Hook 
Unit of Gateway Na- 
tional Recreation Area ... 

— ^ 30. Sevier County, Ten- 
nessee — U.S. 441 bus 
rapid transit 

31. St. Augustine, Flor- 
ida — Intermodal Trans- 
portation and Parking 
Facility 

32. Torrington, CT Con- 
struct bus-related &cil- 
ity (Northwestern Con- 
necticut Central Transit 
District) 



FY 06 



FY 07 



FY 08 



FY 09 



$961,400 

$96,140 
$100,947 

$192,280 

$480,700 
$96,140 

$192,280 



$192,280 



$48,070 



$192,280 



$384,560 



$1,003,200 

$100,320 
$105,336 

$200,640 

$501,600 
$100,320 

$200,640 



$200,640 



$50,160 



$200,640 



$401,280 



$1,086,800 

$108,680 
$114,114 

$217,360 

$543,400 
$108,680 

$217,360 



$217,360 



$54,340 



$217,360 



$434,720 



$1,128,600 

$112,860 
$118,503 

$225,720 

$564,300 
$112,860 

$225,720 



$225,720 



$56,430 



$225,720 



$451,440 



281 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1657 



Project Description 



FY 06 



FY 07 



FY 08 



FY 09 



— ^ 46. National Park Service 
Design and construct 
2.1-mile segment to com- 
plete Sandy Hook 
multiuse pathway in 
Sandy Hook, NJ 



47. Phoenix, AZ Construct 
City of Phoenix para- 
transit facility (Dial-a- 
Ride) 



48. Project provides for the 
engineering and con- 
struction of a transpor- 
tation center in Paoli, 
Chester County 



49. Columbus, Georgia — 
Buses and Bus Facilities 

50. Cleveland, Ohio— Uni- 
versity Circle intermodal 
facility 

51. Cleveland, OH acquisi- 
tion of buses Greater 
Cleveland Regional 
Transit Authority 



52. Greensboro, North 
Carolina — ^Replacement 
buses 



53. Johnson Co., KS Bus 
and bus related facilities 
(1-35 corridor), Johnson 
Co. Transit 



54. City of Alameda, CA 
Plan, design, and con- 
struct intermodal facility 

55. New Orleans, LA 
Intermodal Riverfront 
Center 



56. Brooklyn, NY— Reha- 
bilitation of Bay Ridge 
86th Street Subway Sta- 
tion 

57. Wilmington, NC Build 
Intermodal Center 



58. Yabucoa, Puerto Rico — 
Trolley buses 



$192,280 



$192,280 



$192,280 



$186,319 



$1,634,380 



$192,280 



$1,111,378 



$384,560 



$384,560 



$96,140 



$769,120 



$192,280 



$33,649 



$200,640 $217,360 $225,720 



$200,640 



$200,640 



$194,420 



$1,705,440 



$200,640 



$1,159,699 



$401,280 



$100,320 



$802,560 



$200,640 



$35,112 



$217,360 



$217,360 



$210,622 



$1,847,560 



$217,360 



$1,256,341 



$434,720 



$108,680 



$869,440 



$217,360 



$38,038 



$225,720 



$225,720 



$218,723 



$1,918,620 



$225,720 



$1,304,662 



$401,280 $434,720 $451,440 



$451,440 



$112,860 



$902,680 



$225,720 



$39,501 



282 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1661 



Project Description 

94. Dwaco, WA Procure 
shuttles for Lewis and 
Clark National Histor- 
ical Park 

95. Gainesville, FL Bus 
Replacement 

96. SEPTA Montgomery 
County Intermodal Im- 
provements at Glenside 
and Jenkintown Station 
Parking Garages , 

97. Fredericksburg, Vir- 
ginia — Improve and re- 
pair Fredericksburg Sta- 
tion 

98. Birmingham, AL Ex- 
pansion of Downtown 
Intermodal Facility, 
Phase n 

99. Gresham, Oregon Con- 
struct a new light rail 
station and transit plaza 
on Portland MAX sys- 
tem and serve Gresham 
Civic neighborhood 

100. State of Wisconsin 
buses and bus facilities 

101. Emeryville, CA Ex- 
pand and Improve Inter- 
modal Transit Center at 
Amtrak Station 

102. Jersey City. NJ Con- 
struct West Entrance to 
Pavonia-Newport PATH 
Station 

103. Longwood, Florida — 
Construct Intermodal 
Transportation Fadlity 

104. Marietta, Ohio Con- 
struction of transpor- 
tation hub to accommio- 
date regional bus trafSc 

105. Akron, Ohio— West 
Market Street transit 
center and related pe- 
destrian improvements .. 



FY 06 



FY 07 



FY 08 



FY 09 



$19,228 



$769,120 



$961,400 



$480,700 



$384,560 



$269,192 



$3,143,778 



$192,280 



$384,560 



$96,140 



$96,140 



$124,982 



$20,064 $21,736 



$802,560 



$1,003,200 



$501,600 



$401,280 



$280,896 



$3,280,464 



$200,640 



$401,280 



$100,320 



$100,320 



$130,416 



$869,440 



$1,086,800 



$543,400 



$434,720 



$304,304 



$3,553,836 



$217,360 



$434,720 



$108,680 



$108,680 



$141,284 



$22,572 



$902,880 



$1,128,600 



$564,300 



$451,440 



$316,008 



$3,690,522 



$225,720 



$451,440 



$112,860 



$112,860 



$146,718 



283 



119 STAT. 1662 



PUBLIC LAW 109-59— AUG. 10, 2005 



Project Description 

106. Sandy, Oregon Tran- 
sit Bus Facility 

107. Jacksonville, FL 
Paratransit Vehicles 

108. Carson, CA Purchase 
two tripper buses 

109. Bloomington, IN— 
Bus and transfer facility 

110. Cobb County, GA 
Cobb County Smart 
Card Technology/Bus 
Facility Improvements ... 

111. Construct West Hotis- 
ton and Fort Bend 
County, Texas — ^bus 
transit corridor 

. 112. Mariposa, CA— Yo- 
semite National Park 
CNG-Hydrogen transit 
buses and facilities 

113. Snohomish County, 
WA Community Transit 
bus purchases and facil- 
ity enhancement 

114. Geneva, Dlinois — 
Construct commuter 
parking deck for Metra 
Service 

115. Rhode Island State- 
wide Bus Fleet 

116. Pleasant Hill, CA 
Construct Diablo Valley 
College Bus Transit 
Center 

117. Broward, FL Pur- 
chase new articulated 
buses and bus stop im- 
provements on State 
Road 7. (SR 7) between 
Golden Glades Inter- 
change and Glades Road 

118. Attleboro, MA Con- 
Btruction, engineering, 
and site improvements 
at the Attleboro Inter- 
modal Center 



FY 06 



FY 07 



FY 08 



FY 09 



$134,596 



$865,260 



$96,140 



$924,867 $965,078 $1,045,502 



$192,280 



$384,560 



$480,700 



$576,840 



$1,153,680 



$288,420 



$96,140 



$384,560 



$140,448 



$902,880 



$100,320 



$200,640 



$401,280 



$501,600 



$601,920 



$769,120 $802,560 



$300,960 



$100,320 



$401,280 



$152,152 



$978,120 



$108,680 



$217,360 



$434,720 



$543,400 



$652,080 



$869,440 



$1,203,840 $1,304,160 



$326,040 



$108,680 



$158,004 



$1,015,740 



$112,860 



$1,085,713 



$225,720 



$451,440 



$564,300 



$677,160 



$902,880 



$1,354,320 



$338,580 



$112,860 



$434,720 $451,440 



284 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1675 



Project Description 

266. Martinez, CA Inter- 
modal Facility Restora- 
tion 

267. Middletown. CT Con- 
struct intermodal center 

268. Nashville, TN Con- 
struct a parking garage 
on the campus of 
Lipscomb University, 
Nashville 

269. New London, Con- 
necticut — Intermodal 
Transportation Center 
and Streetscapes 

270. Vernon, Con- 
necticut — Intermodal 
Center, Parking and 
Stxeetscapes 

271. Bronx, NY Botanical 
Garden metro North 
Rail station Intermodal 
Facility 

272. Bend, Oregon — ^re- 
placement vans 

— ^ 273. Boston, MA Harbor 
Park Pavilion and Inter- 
modal Station 

274. Philadelphia, PA 
SEPTA'S Market St. Ele- 
vated Rail project in con- 
jimction with Philadel- 
phia Commercial Devel- 
opment Corporation for 
improvements and as- 
sistance to entities along 
rail corridor 

275. Jesup, Georgia — 
Train Depot intermodal 
center 

276. Long Beach, CA Mu- 
seum of Latin American 
Art, Long Beach, to 
build intermodal park 
and ride facility 

277. Shreveport, LA— 
Intermodal Transit Fa- 
dUty 



FY 06 



FY 07 



FY 08 



FY 09 



$288,420 



$288,420 



$384,560 



$96,140 



$1,461,328 



$192,280 



$192,280 



$240,350 



$269,192 



$192,280 



$384,560 



$644,138 



$300,960 



$300,960 



$401,280 



$100,320 



$1,524,864 



$200,640 



$200,640 



$250,800 



$280,896 



$200,640 



$401,280 



$672,144 



$326,040 



$326,040 



$434,720 



$108,680 



$1,651,936 



$217,360 



$217,360 



$271,700 



$304,304 



$217,360 



$434,720 



$728,156 



$338,580 



$338,580 



$451,440 



$112,860 



$1,715,472 



$225,720 



$225,720 



$282,150 



$316,008 



$225,720 



$451,440 



$756,162 



285 



119 STAT. 1680 



PUBLIC LAW 109-59— AUG. 10, 2005 



Project Description 

328. New Jersey Transit 
Community Shuttle 
Buses 

329. Quitman, Clay, Ran- 
dolph, Stewart Co., GA 
Bus project 

330. Framingham, MA 
Local Intra-Framingjiam 
Transit System enhance- 
ments 

331. Gettysburg, Pennsyl- 
vania—transit transfer 
center 

332. Long Beach, CA Park 
and Ride fadliiy 

333. Oak Harbor, WA 
Multimodal Facility 

334. North Bend, Wash- 
ington — ^Park and Ride .. 

335. High Point, North 
Carolina — ^Bus Terminal 

336. Dallas, TX Bus Pas- 
senger Facilities 

337. Island Transit, WA 
Operations Base Facili- 
ties Project 

338. Bronx, NY Intermodal 
facility near Exit 6 of 
the Bronx River Park- 
way 

339. East San Diego Coun- 
ty, California — ^Bus 
Maintenance Facility 
Expansion 

340. New Jersey Inter- 
modal Facilities and Bus 
Rolling Stock 

341. San Gabriel Valley, 
CA— Foothill Transit 
Park and Rides 

342. St. Paul, MN Union 
Depot Multimodal Tran- 
sit Facility 

* * 



FY 06 



FY 07 



FY 08 



FY 09 



$96,140 



$48,070 



$346,104 



$172,860 



$192,280 



$192,280 



$153,824 



$1,153,680 



$2,461,184 



$461,472 $481,536 



$48,070 



$384,660 



$576,840 



$1,826,660 



$384,560 



$100,320 



$50,160 



$361,152 



$180,375 



$200,640 



$200,640 



$160,512 



$1,203,840 



$2,568,192 



$50,160 



$401,280 



$601,920 



$1,906,080 



$108,680 



$54,340 



$391,248 



$195,407 



$217,360 



$217,360 



$173,888 



$1,304,160 



$2,782,208 



$521,664 $541,728 



$54,340 



$434,720 



$652,080 



$2,064,920 



$112,860 



$56,430 



$406,296 



$202,922 



$225,720 



$226,720 



$180,576 



$1,354,320 



$2,889,216 



$401,280 $434,720 



$56,430 



$451,440 



$677,160 



$2,144,340 



$451,440 



286 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1687 



Project Description 

415. Purchase Buses and 
construct bus facilities 
in Broward County, FL 

416. Improve marine inter- 
modal facilities in 
Ketchikan 

417. Indianapolis, Indi- 
ana — Childrens Museum 
Intermodal Center 

418. Windham, New 
Hampshire — Construc- 
tion of Park and Ride 
Bus facility at Exit 3 

419. Brooklyn, NY— Reha- 
biUtation of Bay Ridge 
86th Street Subway Sta- 
tion 

420. Purchase Buses and 
construct bus facilities 
in Broward County, FL 

421. Bayamon, Puerto 
Rico — Purchase of Trol- 
ley Cars 

422. C Street Expanded 
bus facility and inter- 
modal parking garage. 
Anchorage, AK 

423. Morris Thompson 
Cxiltiutil and Visitors 
Center intermodal park- 
ing facility, Fairbanks, 
AK 

424. Sharon, PA— Bus Fa- 
cility Construction 

425. CrrC Non-profit Serv- 
ices Center intermoded 
parking facility, Anchor- 
age, AK 

426. Abilene, TX Vehicle 
replacement and facility 
improvements for transit 
system 

427. Alaska Native Med- 
ical Center intermodal 
parking facility 

* * 



FY 06 



FY 07 



FY 08 



FY 09 



$432,630 



$3,220,000 



$192,280 



$711,436 



$769,120 



$384,560 



$163,438 



$1,150,000 



$575,000 



$96,140 



$690,000 



$76,912 



$1,150,000 



$451,440 



$3,360,000 



$200,640 



$742,368 



$802,560 



$401,280 



$1,200,000 



$600,000 



$100,320 



$720,000 



$80,256 



$1,200,000 



$489,060 



$3,640,000 



$217,360 



$804,232 



$869,440 



$434,720 



$170,544 $184,756 



$1,300,000 



$650,000 



$108,680 



$780,000 



$86,944 



$1,300,000 



$507,870 



$3,780,000 



$225,720 



$835,164 



$902,880 



$451,440 



$191,862 



$1,350,000 



$675,000 



$112,860 



$810,000 



$90,288 



$1,350,000 



287 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1691 



Project Description 



FY 06 



FY 07 



FY 08 



FY 09 



471. Beaver County, PA 
Transit Authority-Bus 
Replacement/Helated 
Equipment Replacement 

472. Berkshire, MA, Berk- 
shire Regional Transit 
Authority Bus Mainte- 
nance Facility 



473. Bi-State Development 
Agency-St. Louis Bridge 
Repair/Reconstruction, 
for any activity eligible 
under section 5309 



474. Bi-State Development 
Agency-St. Louis Metro 
Bus Fare Collection Pro- 
gram 



475. Black Hawk County, 
lA. UNI Multimodal 
Project 



476. Bozeman, MT, Inter- 
modal and parking facil- 
ity 

477. Brattleborough, VT, 
Intermodal Center 



478. Bridgeport, CT Facil- 
ity Expansion/Improve- 
ment 

479. Broward County, 
FL— Bus and Bus Facili- 
ties 



480. Brownsville Urban 
System, TX— City-Wide 
TVansit Improvement 
Project 



481. Butler Tovraship, PA- 
Cranbury Area Transit 
Service 



482. Cambria County, PA 
Transit Authority-Bus 
Replacements 



--^483. Campobello Park, 
ME, Bus Acquisition 



484. Capita] Area Transit 
System-Baton Rouge 
BRT 



$229,000 
$50,000 

$1,145,000 

$3,665,000 

$687,000 

$168,000 
$600,000 

$350,000 

$458,000 

$916,000 

$802,000 

$687,000 
$22,000 

$687,000 



$238,000 



$30,000 



$1,190,000 



$3,808,000 



$714,000 



$171,000 



$200,000 



$400,000 



$952,000 



$833,000 



$714,000 



$34,000 



$714,000 



$259,000 



$20,000 



$1,293,000 



$4,139,000 



$776,000 



$175,000 



$200,000 



$500,000 



$476,000 $517,000 



$1,035,000 



$905,000 



$776,000 



$0 



$776,000 



$274,000 



$0 



$1,372,000 



$4,388,000 



$823,000 



$176,000 



$0 



$750,000 



$549,000 



$1,097,000 



$960,000 



$823,000 



$0 



$823,000 



288 



119 STAT. 1698 



PUBLIC LAW 109-59— AUG. 10, 2005 



Project Description 

567. Loe Angeles, CA, LAX 
Intermodal Transpor- 
tation Center Rail and 
Bus Facilities 

568. Louisiana DepEirt- 
ment of Transportation 
and Development-State- 
wide Vehicles and 
Equipment 

569. Lowell, MA, Lowell 
Regional Transit 

V 570. Maine Department of 
Transportation-Acadia 
Intermodal Facility 

571. MARC Intermodal 
Odenton and Edgewood 
Station Improvements ... 

572. Marquette County, 
Michigan Transit Au- 
thority Bus passenger 
facility 

573. Maryland Statewide 
Biis Facilities and Buses 

574. Matsu, Alaska-Tran- 
sit Needs 

575. METRO of Harris 
County-Ihscretionary 
Bus Program 

576. Metro Regional Tran- 
sit Authority/City of 
Akron-Downtown Tran- 
sit Center, Akron 

577. Metro Transit/Metro- 
politan Council, MN- 
Bus/Bus Capital 

578. Metropolitan Atlanta 
Rapid Transit Authority- 
Cleem Fuel Buses 

579. Metropolitan Transit 
Authority-Nashville 
Downtown Transit 
Transfer Facility 

580. Miami-Dade Transit, 
FL— 7th Avenue NW 
Transit Hub 

* * * 



FY 06 



FY 07 



FY 08 



FY 09 



$500,000 



$229,000 



$600,000 



$687,000 



$368,000 



$300,000 



$5,500,000 



$115,000 



$2,291,000 



$1,604,000 



$2,176,000 



$2,291,000 



$2,749,000 



$229,000 



$550,000 



$238,000 



$800,000 



$714,000 



$380,000 



$300,000 



$5,750,000 



$119,000 



$2,380,000 



$1,666,000 



$2,261,000 



$2,380,000 



$2,856,000 



$238,000 



$600,000 

$259,000 
$900,000 

$776,000 

$380,000 

$300,000 

$6,500,000 

$129,000 

$2,587,000 

$1,811,000 
$2,457,000 
$2,587,000 

$3,104,000 

$259,000 
* * 



$850,000 



$274,000 



$1,150,000 



$823,000 



$418,000 



$300,000 



$7,250,000 



$137,000 



$2,742,000 



$1,919,000 



$2,606,000 



$2,742,000 



$3,291,000 



$274,000 



289 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1839 

the Department, States, local governments, metropolitan 

planning organizations, and private sector entities. 
(3) Membership. — The advisory council established under 
this suijsection shall be composed of not fewer than 9 and 
not more than 11 members appointed by the Director, who 
are not officers or employees of tne United States. Each member 
shall have expertise in transportation data collection or analysis 
or application; except that 1 member shall have expertise in 
economics, 1 member shall have expertise in statistics, and 
1 member shaU have experience in transportation safety. At 
least 1 member shall be a senior official of a State depeirtment 
of transportation. Members shall include representation of a 
cross-section of transportation community stakeholders. 

"(4) Terms of appointment. — 

"(A) In general. — ^Except as provided in subparagraph 

(B), members of the advisory council shall be appointed 

to staggered terms not to exceed 3 years. A member may 

be renominated for 1 additional 3-year term. 

"(B) Current members. — Members serving on the 

Advisory Council on Transportation Statistics as of the 

date of enactment of the SAFETEA-LU shall serve until 

the end of their appointed terms. 

"(5) Applicability of federal advisory committee act. — 
The Federal Advisory Committee Act shall apply to the advisory 
council estabhshed under this subsection, except that section 
14 of such Act shall not apply.". 

TITLE VI— TRANSPORTATION 
PLANNING AND PROJECT DELIVERY 

SEC. 6001. TRANSPORTATION PLANNING. 

(a) In General. — Sections 134 and 135 of title 23, United 
States Code, are amended to read as follows: 

**§ 134. Metropolitan transportation planning 

"(a) Policy. — It is in the national interest to — 

"(1) encourage and promote the safe and efficient manage- 
ment, operation, and development of surface transportation 
systems that will serve the mobility needs of people and freight 
and foster economic growth and development within and 
between States and urbanized areas, while minimizing 
transportation-related fuel consumption and air pollution 
through metropoUtan and statewide transportation planning 
processes identified in this chapter; and 

"(2) encourage the continued improvement and evolution 
of the metropoUtan and statewide transportation planning proc- 
esses by metropolitan planning organizations. State depart- 
ments of transportation, and public transit operators as guided 
by the planning factors identified in subsection (h) and section 
135(d). 

"(b) Definitions. — ^In this section and section 135, the following 
definitions apply: 

"(1) Metropolitan planning area.— The term 'metropoli- 
tan planning area' means the geographic area determined by 
agreement between the metropolitan planning organization for 
the area and the Governor under subsection (e). 



290 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1857 



"(7) Planning finding.— A finding shall be made by the 
Secretjury at least every 4 years that the transportation plan- 
ning process through which statewide transportation plans and 
programs are developed is consistent with this section and 
section 134. 

"(8) Modifications to project priority. — Notwith- 
standing any other provision of law, action by the Secretary 
shall not be required to advgmce a project included in the 
approved transportation improvement program in place of 
another project in the program. 

"(h) Funding. — Funds set aside pursuant to section 104(f) of 
this title and section 5305(g) of title 49, shall be available to 
cany out this section. 

"(i) Treatment of Certain State Laws as Congestion 
Management Processes. — ^For purposes of this section and section 
134, and sections 5303 and 5304 of title 49, State laws, rules, 
or regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under 
this section and section 134, and sections 5303 and 5304 of title 
49, if the Secretary finds that the State laws, rules, or regulations 
are consistent with, and fulfill the intent of, the purposes of this 
section and section 134 and sections 5303 and 5304 of title 49, 
as appropriate. 

"(j) Continuation of Current Review Practice. — Since the 
statewide transportation plan and the transportation improvement 
program described in this section are subject to a reasonable oppor- 
timity for public comment, since individual projects included in 
the statewide transportation plans and the transportation improve- 
ment program are subject to review under the National Environ- 
mental PoUcy Act of 1969 (42 U.S.C. 4321 et seq.), and since 
decisions by the Secretary concerning statewide transportation 
plans or the transportation improvement program described in this 
section have not been reviewed under such Act as of January 
1, 1997, any decision by the Secretary concerning a metropolitan 
or statewide transportation plan or the transportation improvement 
program described in this section shall not be considered to be 
a Federal action subject to review under such Act.". 

(b) Schedule for Implementation.— The Secretary shall issue 
guidance on a schedule for implementation of the changes made 
by this section, taking into consideration the established planning 
update cycle for States and metropolitan planning organizations, 
llie Secretary shall not require a State or metropolitan planning 
organization to deviate from its established planning update cycle 

to implement changes made by this section. Beginning July 1, Effective date, 
2007, State or metropolitan planning organization plan or program 
updates shall reflect changes made by this section. 

(c) Conforming Amendment.— The analysis for chapter 1 of 
such title is amended by striking the items relating to sections 
134 and 135 emd inserting the following: 

"134. Metropolitan transportation planning. 
"135. Statewide transportation planning.". 

sec. 6002. efficient environmental reviews for project 
decisionmaking. 

(a) In General.— Subchapter I of chapter 1 of title 23, United 
States Code, is amended by inserting after section 138 the following: 



Guidelines. 

23 use 134 note. 



291 



119 STAT. 1858 PUBLIC LAW 109-59— AUG. 10, 2005 

"§ 139. Efficient environmental reviews for project decision- 
making 

"(a) Definitions. — In this section, the following definitions 
apply: 

"(1) Agency. — ^The term 'agency' means any agency, depjirt- 
ment, or other unit of Federal, State, local, or Indian tribal 
government. 

"(2) Environmental impact statement.— The term 
'environmental impact statemenf means the detailed statement 
of environmental impacts required to be prepared under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 

"(3) Environmental review process. — 

"(A) In general. — TTie term 'environmental review 
process' means the process for preparing for a project an 
environmental impact statement, environmental assess- 
ment, categorical exclusion, or other document prepared 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 432 let seq.). 

"(B) Inclusions. — ^The term 'environmental review 

process' includes the process for and completion of any 

environmented permit, approval, review, or study required 

for a project under any Federal law other than the National 

Environmental Pohcy Act of 1969 (42 U.S.C. 4321 et seq.). 

"(4) Lead agency. — The term lead agency' means the 

Department of Transportation and, if applicable, any State 

or local governmental entity serving as a joint lead agency 

pursuant to this section. 

"(5) Multimodal project. — ^The term 'multimodal project' 
means a project funded, in whole or in part, under this title 
or chapter 53 of title 49 and involving the participation of 
more than one Department of Transportation administration 
or agency. 

"(6) Project. — The term 'project' means any highway 
project, public transportation capital project, or multimodal 
project that requires the approval of the Secretary. 

"(7) Project sponsor. — The term 'project sponsor' means 
the agency or other entity, including any private or pubUc- 
private entity, that seeks approval of the Secretary for a project. 
"(8) State transportation department. — ^The term 'State 
transportation department' means any statev?ide agency of a 
State with responsibility for one or more modes of transpor- 
tation, 
"(b) Applicability. — 

"(1) In general. — ^The project development procedures in 
this section are applicable to all projects for which an environ- 
mental impact statement is prepared under the National 
Environmental Pohcy Act of 1969 and may be applied, to the 
extent determined appropriate by the Secretary, to other 
projects for which an environmental document is prepeired 
pursuant to such Act. 

"(2) Flexibility. — ^Any authorities granted in this section 
may be exercised for a project, class of projects, or program 
of projects, 
"(c) Lead Agencies. — 



292 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1859 

"(1) Federal lead agency. — The Department of Transpor- 
tation shall be the Federal lead agency in the environment£j 
review process for a project. 

"(2) Joint lead agencies. — Nothing in this section pre- 
cludes another agency from being a joint lead agency in accord- 
ance with regulations under the National Environmental Policy 
Act of 1969. 

"(3) Project sponsor as joint lead agency.— Any project 
sponsor that is a State or loced governmental entity receiving 
funds under this title or chapter 53 of title 49 for the project 
shall serve as a joint lead agency with the Department for 
purposes of preparing any environmental document under the 
National Environmental Pohcy Act of 1969 and may prepare 
any such environmental docimient required in support of any 
action or approval by the Secretary if the Federal lead agency 
furnishes guidance in such preparation and independently 
evaluates such document and the document is approved and 
adopted by the Secretary prior to the Secretsiry taking emy 
subsequent action or making any approval based on such docu- 
ment, whether or not the Secretary's action or approval results 
in Federal funding. 

"(4) Ensuring compliance. — The Secretary shall ensure 
that the project sponsor complies with all design and mitigation 
commitments made jointly by the Secretary and the project 
sponsor in any environmental dociunent prepared by the project 
sponsor in accordance with this subsection and that such docu- 
ment is appropriately supplemented if project changes become 
necessary. 

"(5) Adoption and use of documents.— Any environ- 
mental document prepared in accordance with this subsection 
may be adopted or used by any Federal agency making any 
approval to the same extent that such Federsd agency could 
adopt or use a document prepared by another Federal agency. 
"(6) Roles and responsibility of lead agency.— With 
respect to the environmental review process for any project, 
the lead agency shall have authority and responsibility — 

"(A) to take such actions as are necessary and proper, 
within the authority of the lead agency, to facilitate the 
expeditious resolution of the environmental review process 
for the project; and 

"(B) to prepare or ensure that any required environ- 
mental impact statement or other document required to 
be completed under the National Environmental PoUcy Act 
of 1969 is completed in accordance with this section and 
appKcable Federal law. 
"(d) Participating Agencies. — 

"(1) In general. — ^The lead agency shall be responsible 
for inviting and designating participating agencies in accord- 
ance with this subsection. 

"(2) Invitation. — The lead agency shall identify, as early 
as practicable in the environmental review process for a project, 
any other Federal and non-Federal agencies that may have 
an interest in the project, and shall invite such agencies to 
become participating agencies in the environmental review 
process for the project. The invitation shall set a deadline 
for responses to be submitted. The deadline may be extended 
by the lead agency for good cause. 



293 



119 STAT. 1860 



PUBLIC LAW lOa-59— AUG. 10, 2005 



Procedures. 



Notification. 



"(3) Federal participating agencies. — Any Federal 
agency that is invited by the lead agency to participate in 
the environmental review process for a project shall be des- 
ignated as a participating agency by the lead agency unless 
iSie invited agency informs the lead agency, in writing, by 
the deadline specified in the invitation that the invited agency — 
"(A) has no jurisdiction or authority with respect to 
the project; 

"(B) has no expertise or information relevant to the 
project; and 

"(C) does not intend to submit comments on the project. 
"(4) Effect of designation. — Designation as a partici- 
pating agency under this subsection shall not imply that the 
participating agency — 

"(A) supports a proposed project; or 
"(B) has any jurisdiction over, or special expertise with 
respect to evaluation of, the project. 

"(5) Cooperating agency. — ^A participating agency may 
also be designated by a lead agency as a 'cooperating agency* 
under the regulations contained in part 1500 of title 40, Code 
of Federal Regulations. 

"(6) Designations for categories of projects.— The Sec- 
retary may exercise the authorities granted under this sub- 
section for a project, class of projects, or program of projects. 
"(7) Concurrent reviews. — Each Federal agency shall, 
to the maximtun extent practicable — 

"(A) carry out obligations of the Federal agency under 
other applicable law concurrently, and in conjunction, with 
the review required under the National Environmental 
Pohcy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing 
so would impair the ability of the Federal agency to carry 
out those obligations; and 

"(B) formulate and implement administrative, policy, 
and procedural mechanisms to enable the agency to ensure 
completion of the environmental review process in a timely, 
coordinated, and environmentally responsible manner. 
"(e) Project Initiation. — ^The project sponsor shall notify the 
Secretary of the type of work, termini, length and general location 
of the proposed project, together with a statement of any Federal 
approvals anticipated to be necessary for the proposed project, 
for the purpose of informing the Secretary that the environmental 
reAdew process should be initiated. 
"(f) Purpose and Need.— 

"(1) Participation. — As early as practicable during the 
environmental review process, the lead agency shall provide 
an opportunity for involvement by participating agencies and 
the public in defining the purpose and need for a project. 
(2) Definition. — ^Following participation under paragraph 
(1), the lead agency shall define the project's purpose and 
need for purposes of any document which the lead agency 
is responsible for preparing for the project. 

"(3) Objectives. — ^The statement of purpose and need shall 
include a clear statement of the objectives that the proposed 
action is intended to achieve, which may include — 

"(A) achieving a transportation objective identified in 
an applicable statewide or metropolitan transportation 
plan; 



294 



PUBLIC LAW 10&-59— AUG. 10, 2005 119 STAT. 1861 

"(B) supporting land use, economic development, or 
growth objectives established in apphcable Federal, State, 
local, or tribal plans; and 

"(C) serving national defense, national security, or 
other national objectives, as established in Federal laws, 
plans, or policies. 
"(4) Alternatives analysis.— 

"(A) Participation. — ^As early as practicable during 
the environmental review process, the lead agency shall 
provide an opportunity for involvement by participating 
agencies and the public in determining the rgmge of alter- 
natives to be considered for a project. 

"(B) Range of alternatives.— Following participation 
under paragraph (1), the lead agency shall determine the 
range of alternatives for consideration in any document 
which the lead agency is responsible for preparing for the 
project. 

"(C) Methodologies.— The lead agency also shall 
determine, in collaboration with participating agencies at 
appropriate times during the study process, the methodolo- 
gies to be used and the level of detail required in the 
analysis of each alternative for a project. 

"(D) Preferred alternative.— At the discretion of the 
lead agency, the preferred alternative for a project, after 
being identified, may be developed to a higher level of 
detail than other alternatives in order to facilitate the 
development of mitigation measures or concurrent compli- 
ance with other applicable laws if the lead agency deter- 
mines that the development of such higher level of detail 
will not prevent the lead agency fi-om making an impartial 
decision as to whether to accept another alternative which 
is being considered in the environmental review process. 
"(g) Coordination and Scheduling.— 
"(1) Coordination plan.— 

"(A) In general. — The lead agency shall estabhsh a 
plan for coordinating public and agency participation in 
and comment on the environmental review process for a 
project or category of projects. The coordination plan may 
be incorporated into a memorandum of understan^ng. 
"(B) Schedule. — 

"(i) In general. — The lead agency may establish 
as part of the coordination plan, after consultation 
with each participating agency for the project and with 
the State in which the project is located (and, if the 
State is not the project sponsor, with the project 
sponsor), a schedule for completion of the environ- 
mental review process for the project. 

"(ii) Factors for consideration. — ^In establishing 
the schedule, the lead agency shall consider factors 
such as — 

"(I) the responsibilities of participating agen- 
cies under applicable laws; 

"(II) resources available to the cooperating 
agencies; 

"(III) overall size and complexity of the project; 
"(IV) the overall schedule for and cost of the 
project; and 



295 



119 STAT. 1862 



PUBLIC LAW 109-59— AUG. 10, 2005 



Federal Register, 
publication. 



Notice. 



"(V) the sensitivity of the natural and historic 

resources that could be affected by the project. 

"(C) Consistency with other time periods.— A 

schedule under subparagraph (B) shall be consistent with 

any other relevant time periods established under Federal 

law. 

"(D) Modification. — The lead agency may — 

"(i) lengthen a schedule established under subpara- 
graph (B) for good cause; and 

"(ii) shorten a schedule only with the concurrence 
of the affected cooperating agencies. 
"(E) Dissemination.— A copy of a schedule under 
subparagraph (B), and of any modifications to the schedule, 
shall be — 

"(i) provided to all participating agencies and to 
the State transportation department of the State in 
which the project is located (and, if the State is not 
the project sponsor, to the project sponsor); and 
"(ii) made available to the public. 
"(2) Comment deadlines. — ^The lead agency shall establish 
the following deadlines for comment during the environmental 
review process for a project: 

"(A) For comments by agencies and the public on a 
draft environmental impact statement, a period of not more 
than 60 days after pubHcation in llie Federal Register 
of notice of the date of public availability of such document, 
unless — 

"(i) a different deadline is established by agree- 
ment of the lead agency, the project sponsor, and all 
participating agencies; or 

"(ii) the deadline is extended by the lead agency 
for good cause. 

"(B) For all other comment periods established by the 
lead agency for agency or public comments in the environ- 
mental review process, a period of no more than 30 days 
from availability of the materials on which comment is 
requested, unless — 

"(i) a different deadline is established by agree- 
ment of the lead agency, the project sponsor, and all 
participating agencies; or 

"(ii) the deadline is extended by the lead agency 
for good cause. 
"(3) Deadlines for decisions under other laws. — ^In 
£iny case in which a decision under any Federal law relating 
to a project (including the issuance or denial of a permit or 
license) is required to be made by the later of the date that 
is 180 days after the date on which the Secretary made all 
final decisions of the lead agency with respect to the project, 
or 180 days after the date on which an application was sub- 
mitted for the permit or license, the Secretary shall submit 
to the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infirastruc- 
tuxe of the House of Representatives — 

"(A) as soon as practicable after the 180-day period, 
an initial notice of the failure of the Federal agency to 
make the decision; and 



296 



PUBLIC LAW 109-59— AUG. 10, 2005 



119 STAT. 1863 



"(B) every 60 days thereafter until such date as all Notice, 
decisions of the Federal agency relating to the project have 
been made by the Federal agency, an additional notice 
that describes the number of decisions of the Federal 
agency that remain outstanding as of the date of the addi- 
tional notice. 

"(4) Involvement of the public. — ^Nothing in this sub- 
section shall reduce any time period provided for pubhc com- 
ment in the environmental review process under existing Fed- 
eral law, including a regulation. 
"(h) Issue Identification and Resolution.— 

"(1) Cooperation. — The lead agency and the participating 
agencies shall work cooperatively in accordance with this sec- 
tion to identify and resolve issues that could delay completion 
of the environmental review process or could result in denial 
of any approvals required for the project tmder applicable laws. 
"(2) Lead agency responsibilities.— The lead agency shall 
make information available to the participating agencies as 
early as practicable in the environmental review process 
regarding the environmental and socioeconomic resources 
located within the project area and the general locations of 
the alternatives under consideration. Such information may 
be based on existing data sources, including geographic informa- 
tion systems mapping. 

"(3) Participating agency responsibilities. — Based on 
information received from the lead agency, participating agen- 
cies shall identify, as early as practicable, any issues of concern 
regarding the project's potential environmental or socioeconomic 
impacts. In this paragraph, issues of concern include amy issues 
that could substantially delay or prevent an agency from 
granting a permit or other approval that is needed for the 
project. 

"(4) Issue resolution.— 

"(A) Meeting of participating agencies.— At any 
time upon request of a project sponsor or the Governor 
of a State in which the project is located, the lead agency 
shall promptly convene a meeting with the relevant partici- 
pating agencies, the project sponsor, and the Governor 
{if the meeting was requested by the Governor) to resolve 
issues that could delay completion of the environmental 
review process or coxild result in denial of any approvals 
required for the project under applicable laws. 

"(B) Notice that resolution cannot be achieved. — Deadline. 
If a resolution cannot be achieved within 30 days following Federal Register, 
such a meeting and a determination by the lead agency Publication, 
that all information necessary to resolve the issue has 
been obtained, the lead agency shall notify the heads of 
all participating agencies, the project sponsor, the Gov- 
ernor, the Committee on Environment and PubUc Works 
of the Senate, the Committee on Transportation and Infra- 
structure of the House of Representatives, and the Council 
on Environmental Quality, and shall publish such notifica- 
tion in the Federal Register, 
"(i) Performance Measurement.— The Secretary shall estab- 
lish a program to measure and report on progress toward improving 
and expediting the planning and environmental review process, 
"(j) Assistance to Affected State and Federal Agencies. — 



297 



119 STAT. 1864 



PUBLIC LAW 109-59— AUG. 10, 2005 



Deadlines. 
Notices. 

Federal Register, 
publication. 



"(1) In general. — For a project that is subject to the 
environmental review process established under this section 
and for which funds are made available to a State under 
this title or chapter 53 of title 49, the Secretary may approve 
a request by the State to provide funds so made available 
under this title or such chapter 53 to affected Federal agencies 
(including the Department of Transportation), State agencies, 
and Indian tribes participating in the environmental review 
process for the projects in that State or participating in a 
State process that has been approved by the Secretary for 
that State. Such funds may be provided only to support activi- 
ties that directly and meEuiingfully contribute to expediting 
and improving transportation project planning and deUvery 
for projects in that State. 

"(2) Activities eligible for funding.— Activities for 
which funds may be provided under peiragraph (1) include 
transportation planning activities that precede the initiation 
of the environmental review process, dedicated staffing, training 
of agency personnel, information gathering and mapping, and 
development of programmatic agreements. 

"(3) Use of federal lands highway funds. — ^The Sec- 
retary may also use funds made available under section 204 
for a project for the purposes specified in this subsection with 
respect to the environmental review process for the project. 
"(4) Amounts. — Requests under paragraph (1) may be 
approved only for the additional amounts that the Secretary 
determines are necessary for the Federzd agencies, State agen- 
cies, or Indian tribes participating in the environmental review 
process to meet the time limits for environmental review. 

"(5) Condition. — ^A request under paragraph (1) to expedite 
time limits for environmental review may be approved only 
if such time limits are less than the customary time necessazy 
for such review. 
"(k) Judicial Review and Savings Clause. — 

"(1) Judicial review.— Except as set forth vmder sub- 
section (1), nothing in this section shall affect the reviewability 
of any final Federal agency action in a court of the United 
States or in the court of any State. 

"(2) Savings clause. — Nothing in this section shall be 
construed as superseding, amending, or modifjdng the National 
Environmental Policy Act of 1969 or any other Federal environ- 
mental statute or affect the responsibihty of any Federal officer 
to comply with or enforce any such statute. 

"(3) Limitations. — ^Nothing in this section shall preempt 
or interfere with — 

"(A) any practice of seeking, considering, or responding 
to pubhc comment; or 

"(B) any power, jurisdiction, responsibility, or authority 
that a Federal, State, or local government agency, metro- 
politan planning organization, Indian tribe, or project 
sponsor has with respect to carrying out a project or any 
other provisions of law appUcable to projects, plans, or 
programs. 
"(1) Limitations on Claims. — 

"(1) In general. — ^Notwithstanding any other provision of 
law, a claim arising under Federal law seeking judicial review 
of a permit, license, or approval issued by a Federal agency 



298 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1865 

for a highway or public transportation capital project shall 
be barred unless it is filed within 180 days after publication 
of a notice in the Federal Register announcing that the permit, 
license, or approval is final pursuant to the law under which 
the agency action is taken, unless a shorter time is specified 
in the Federal law pursuant to which judicial review is allowed. 
Nothing in this subsection shall create a right to judicial reAdew 
or place any limit on filing a claim that a person has violated 
the terms of a pennit, Ucense, or approval. 

"(2) New information. — ^The Secretary shall consider new 
information received after the close of a comment period if 
the information satisfies the requirements for a supplemental 
environmental impact statement under section 771.130 of title 
23, Code of Federal Regulations. The preparation of a supple- 
mental environmental impact statement when required shall 
be considered a separate final agency action and the deadhne 
for filing a claim for judicial review of such action shall be 
180 days after the date of pubhcation of a notice in the Federed 
Register announcing such action.". 

(b) Existing Environmental Review Process. — Nothing in 23 use i39 note, 
this section affects any existing State environmental review process, 

program, agreement, or funding arrangement approved by the Sec- 
retary under section 1309 of the Transportation Equity Act for 
the 21st Century (112 Stat. 232; 23 U.S.C. 109 note) as such 
section was in effect on the day preceding the date of enactment 
oftheSAFETEA-LU. 

(c) Conforming Amendment. — The analysis for such sub- 
chapter is amended by inserting after the item relating to section 
138 the following: 

"139. Efficient environmental reviews for project decisionmaking.". 

(d) Repeal. — Section 1309 of the Transportation Equity Act 

for the 21st Century (112 Stat. 232) is repealed. 23 USC 109 note. 

SEC. 6003. STATE ASSUMPTION OF RESPONSEBELinES FOR CERTAIN 
PROGRAMS AND PROJECTS. 

(a) In General.— Chapter 3 of title 23, United States Code, 
is amended by inserting afl«r section 324 the following: 

''§325. State assumption of responsibilities for certain pro- 
grams and projects 

"(a) Assumption of Secretary's Responsibilities Under 
Applicable Federal Laws. — 
"(1) Pilot program. — 

"(A) Establishment.— The Secretary may establish a 
pilot program under which States may assume the respon- 
sibilities of the Secretary under any Federal laws subject 
to the requirements of this section. 

"(B) First 3 fiscal years. — In the first 3 fiscal years 
following the date of enactment of the SAFETEA-LU, the 
Secretary may allow up to 5 States to participate in the 
pilot program. 

"(2) Scope of program.— Under the pilot program, the 
Secretary may assign, and a State may assvime, any of the 
Secretary's responsibihties (other than responsibilities relating 
to federally recognized Indian tribes) for environmental reviews, 
consultation, or decisionmaking or other actions required under 



299 



119 STAT. 1866 



PUBLIC LAW 109-59— AUG. 10, 2005 



Memorandum. 



Deadlines. 



Certification. 



Federal Hegister, 
publication. 



£iny Federal law as such requirements apply to the following 
projects: 

"(A) Projects funded under section 104(h). 
"(B) Transportation enh£uicement activities under sec- 
tion 133, as such term is defined in section 101(a)(35). 
"(b) Agreements. — 

"(1) In general. — ^The Secretary shall enter into a memo- 
randum of understanding with a State participating in the 
pilot program setting forth the responsibilities to be assigned 
imder subsection (a)(2) and the terms and conditions under 
which the assignment is being made. 

"(2) Certification. — Before the Secretary enters into a 
memorandum of understsmding with a State under paragraph 
(1), the State shall certify that the State has in effect laws 
(including regulations) applicable to projects carried out and 
funded imder this title and chapter 53 of title 49 that authorize 
the State to carry out the responsibilities being assumed. 

"(3) Maximum duration.— A memorandum of under- 
standing with a State vmder this section shall be established 
for an initial period of no more than 3 years and may be 
renewed by mutual agreement on a periodic basis for periods 
of not more than 3 years. 
"(4) Compliance. — 

"(A) In general. — ^After entering into a memorandum 
of understanding under peiragraph (1), the Secretary shall 
review and determine comphance by the State with the 
memorandvmi of understanding. 

"(B) Renewals.— The Secretary shall take into accoxmt 
the performance of a State vmder the pilot progreun when 
considering renewal of a memorandum of understanding 
with the State under the program. 

"(5) Sole responsibility. — ^A State that assumes responsi- 
bility under subsection (aX2) with respect to a Federal law 
shall be solely responsible and solely liable for complying with 
and carrying out that law, and the Secretary shall have no 
such responsibility or liability. 

"(6) Acceptance of jurisdiction. — In a memorandum of 
understanding, the State shall consent to accept the jurisdiction 
of the Federal courts for the comphance, discharge, and enforce- 
ment of any responsibiUty of the Secretary that the State 
assvimes. 
"(c) Selection of States for Pilot Program. — 

"(1) Application.— To be eligible to participate in the pilot 
program, a State shall submit to the Secretary an application 
that contains such information as the Secretary may require. 
At a minimiun, an application shall include — 

"(A) a description of the projects or classes of projects 
for which the State seeks to assume responsibilities under 
subsection (aX2); and 

"(B) a certification that the State has the capability 
to assume such responsibilities. 

"(2) Public notice. — ^Before entering into a memorandum 
of understanding allowing a State to participate in the pilot 
progrzun, the Secretary shall — 

"(A) pubhsh notice in the Federal Register of the Sec- 
retary's intent to allow the State to participate in the 
program, including a copy of the State's application to 



300 



119 STAT. 1868 PUBLIC LAW 109-59— AUG. 10, 2005 

required under any Federal law applicable to activities that 
are classified by the Secretary as categorical exclusions, with 
the exception of govemment-to-govemment consultation with 
Indian tribes, subject to the same procedural and substantive 
requirements as would be required if that responsibility were 
carried out by the Secretary. 

"(2) Sole responsibility.— A State that assimies responsi- 
bihty under paragraph (1) with respect to a Federal law shall 
be solely responsible and solely liable for compl3ring with and 
carrying out that law, and the Secretary shall have no such 
responsibiUty or liability. 
"(c) Memoranda of Understanding. — 
PubUc "(1) In general. — ^The Secretary and the State, after pro- 

information, viding public notice and opportunity for comment, shall enter 

^°^^- into a memorandiun of understanding setting forth the respon- 

sibilities to be assigned under this section and the terms and 
conditions under which the assignments are made, including 
establishment of the circvunstances under which the Secretary 
would reassume responsibiUty for categorical exclusion deter- 
minations. 

"(2) Term. — ^A memorandum of understanding — 

"(A) shall have a term of not more than 3 years; 
and 

"(B) shall be renewable. 
"(3) Acceptance of jurisdiction. — In a memorandum of 
understanding, the State shall consent to accept the jurisdiction 
of the Federed courts for the compUance, discharge, and enforce- 
ment of any responsibiUty of the Secretary that the State 
assumes. 

"(4) Monitoring.— The Secretary shall— 

"(A) monitor compUance by the State with the memo- 
randum of understanding and the provision by the State 
of financial resources to carry out the memorandum of 
understanding; and 

"(B) take into account the performance by the State 
when considering renewal of the memorandum of under- 
standing. 
"(d) Termination. — ^The Secretary may terminate any assump- 
tion of responsibiUty vmder a memorandiun of understanding on 
a determination that the State is not adequately canying out the 
responsibiUties assigned to the State. 

"(e) State Agency Deemed to Be Federal Agency.— A State 
agency that is assigned a responsibiUty under a memorandum 
of underst£mding shall be deemed to be a Federal agency for the 
purposes of the Federal law under which the responsibiUty is exer- 
cised.". 
23 use 301. (b) Conforming Amendment. — ^The analysis for chapter 3 of 

title 23, United States Code, is fiirther amended by adding after 
the item relating to section 325 the foUowing: 

"326. State assumption of responsibility for categorical exclusions.". 

SEC. 6005. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT 
PROGRAM. 

(a) In General. — Chapter 3 of title 23, United States Code, 
is further amended by inserting after section 326 the following: 



301 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1869 

*§ 327. Surface transportation project delivery pilot program 

"(a) ESTABUSHMENT. — 

"(1) In general. — ^The Secretary shall carry out a surface 
transportation project delivery pilot program (referred to in 
this section as the program'). 

"(2) Assumption of responsibility. — 

"(A) In general. — Subject to the other provisions of 
this section, with the written agreement of the Secretary 
and a State, which may be in the form of a memorandum 
of understanding, the Secretary may assign, and the State 
may assume, the responsibilities of the Secretary with 
respect to one or more highway projects within the State 
imder the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 

"(B) Additional responsibiuty. — ^If a State assumes 
responsibility under subparagraph (A) — 

"(i) the Secretary may assign to the State, and 
the State may assume, all or part of the responsibilities 
of the Secretary for environmental review, consulta- 
tion, or other action required under any Federal 
environmental law pertaining to the review or approval 
of a specific project; but 

"(ii) the Secretary may not assign — 

"(I) responsibility for any conformity deter- 
mination required imder section 176 of the Clean 
Air Act (42 U.S.C. 7506); or 

"(II) any responsibility imposed on the Sec- 
retary by section 134 or 135. 
"(C) Procedural and substantive requirements.— 
A State shall assume responsibility under this section sub- 
ject to the same procedural and substantive requirements 
as would apply if that responsibility were carried out by 
the Secretary. 

"(D) Federal RESPONsraiLiTy.— Any responsibility of 
the Secretaiy not explicitly assumed by the State by written 
agreement under this section shall remain the responsi- 
bility of the Secretary. 

"(E) No EFFECT ON AUTHORITY.— Nothing in this section 
preempts or interferes with any power, jurisdiction, respon- 
sibility, or authority of an agency, other than the Depart- 
ment of Transportation, under applicable law (including 
regulations) with respect to a project. 
"(b) State Participation. — 

"(1) Number of participating states.— The Secretary may 
permit not more than 5 States (including the States of Alaska, 
California, Ohio, Oklahoma, and Texas) to participate in the 
program. 

"(2) Appucation.— Not later than 270 days after the date Deadline. 
of enactment of this section, the Secretary shall promulgate Regulations, 
regulations that establish requirements relating to information 
required to be contained in any application of a State to partici- 
pate in the program, including, at a minimimti — 

"(A) the projects or classes of projects for which the 
State anticipates exercising the authority that may be 
granted under the program; 



302 



119 STAT. 1870 PUBLIC LAW 109-59— AUG. 10, 2005 

"(B) verification of the financial resources necessary 
to carry out the authority that may be granted under 
the program; and 

"(C) evidence of the notice and sohcitation of public 
comment by the State relating to participation of the State 
in the program, including copies of comments received fix)m 
that solicitation. 
"(3) Public notice. — 
Deadline. "(A) In GE>fERAL. — Each State that submits an applica- 

tion under this subsection shedl give notice of the intent 
of the State to participate in the program not later thsm 
30 days before the date of submission of the application. 
"(B) Method of notice and solicitation.— The State 
shall provide notice and solicit public comment under this 
paragraph by publishing the complete application of the 
State in accordance with the appropriate pubUc notice law 
of the State. 

"(4) Selection criteria.— The Secretary may approve the 
appUcation of a State under this section only if — 

"(A) the regulatory requirements under paragraph (2) 
have been met; 

"(B) the Secretary determines that the State has the 
capability, including financial and personnel, to assume 
the responsibility; and 

"(C) the head of the State agency having primary juris- 
diction over highway matters enters into a written agree- 
ment with the Secretary described in subsection (c). 
"(5) Other federal agency views.— If a State applies 
to assume a responsibility of the Secreteiry that would have 
required the Secretary to consult with another Federal agency, 
the Secretary shall solicit the views of the Federal agency 
before approving the apphcation. 

"(c) Written Agreement. — ^A written agreement imder this 
section shall — 

"(1) be executed by the Governor or the top-ranking 
transportation official in the State who is charged with respon- 
sibihty for highway construction; 

"(2) be in such form as the Secretary may prescribe; 
"(3) provide that the State— 

(A) agrees to assume all or part of the responsibiUties 
of the Secretary described in subsection (a); 

"(B) expressly consents, on behalf of the State, to accept 
the jurisdiction of the Federal courts for the compliance, 
discharge, and enforcement of any responsibility of the 
Secretary assumed by the State; 

"(C) certifies that State laws (including regulations) 
are in effect that — 

"(i) authorize the State to take the actions nec- 
essary to carry out the responsibiUties being assumed; 
and 

"(ii) are comparable to section 552 of title 5, 
including providing that any decision regarding the 
public availability of a docvunent under those State 
laws is reviewable by a coiirt of competent jurisdiction; 
and 

"(D) agrees to maintain the financial resources nec- 
essary to carry out the responsibilities being assumed. 



303 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1871 

"(d) Jurisdiction .— 

"(1) In general. — ^The United States district courts shall 
have exclusive jurisdiction over any civil action against a State 
for failxire to carry out any responsibility of the State under 
this section. 

"(2) Legal standards and requirements.— A civil action 
under paragraph (1) shall be governed by the legal standards 
and requirements that would apply in such a civil action against 
the Secretary had the Secretary taken the actions in question. 
"(3) Intervention. — ^The Secretary shall have the right 
to intervene in emy action described in paragraph (1). 
"(e) Effect of Assumption of Resfonsibiuty.— A State that 
eissumes responsibility under subsection (a)(2) shall be solely 
responsible and solely liable for carrying out, in lieu of the Sec- 
retary, the responsibilities assumed under subsection (a)(2), until 
the program is terminated as provided in subsection (i). 

"(f) Limitations on Agreements. — ^Nothing in this section per- 
mits a State to assume any rulemaking authority of the Secretary 
under any Federal law. 
"(g) Audits. — 

"(1) In general. — To ensure compliance by a State with 
any agreement of the State under subsection (c) (including 
comphance by the State with all Federal laws for which respon- 
sibility is assumed under subsection (aX2)), for each State 
participating in the program imder this section, the Secretary 
shall conduct — 

"(A) semiannual audits during each of the first 2 years 
of State participation; and 

"(B) annual audits during each subsequent year of 
State participation. 
"(2) Public availability and comment.— 

"(A) In general. — ^An audit conducted tinder para- 
graph (1) shall be provided to the public for comment. 

"(B) Response. — ^Not later than 60 days after the date Deadline, 
on which the period for pubhc comment ends, the Secretary 
shall respond to pubhc comments received under subpara- 
graph (A). 
"(h) Report to Congress. — The Secretary shall submit to Con- 
gress an annual report that describes the administration of the 
program. 

"(i) Termination. — 

"(1) In general. — ^Except as provided in paragraph (2), 
the program shall terminate on the date that is 6 years after 
the date of enactment of this section. 

"(2) Termination by secretary.— The Secretary may 

terminate the participation of any State in the program if — 

"(A) the Secretary determines that the State is not 

adequately carrying out the responsibiUties assigned to 

the State; 

"(B) the Secretary provides to the State — 

"(i) notification of the determination of noncompli- 
ance; and 

"(ii) a period of at least 30 days during which 
to take such corrective action as the Secretary deter- 
mines is necessary to comply with the applicable agree- 
ment; and 



304 



119 STAT. 1872 PUBLIC LAW 109-59— AUG. 10, 2005 

"(C) the State, after the notification and period pro- 
vided under subparagraph (B), fails to take satisfactory 
corrective action, as determined by Secretary.". 
23 use 301. (b) Conforming Amendment. — The analysis for chapter 3 of 

title 23, United States Code, is further amended by adding after 
the item relating to section 326 the following: 

"327. SurCace transportation project delivery pilot program.". 

SEC. 6006. ENVraONMENTAL RESTORATION AND POLLUTION ABATE- 
MENT; CONTROL OF NOXIOUS WEEDS AND AQUATIC NOX- 
IOUS WEEDS AND ESTABLISHMENT OF NATWE SPECIES. 

(a) Modification to NHS/STP for Environmental Restora- 
tion, Pollution Abatement, Control of Noxious Weeds and 
Aquatic Noxious Weeds. — 

(1) Modifications to national highway system. — Section 
103(b)(6) of title 23, United States Code, is amended by adding 
at the end the following: 

"(Q) Environmental restoration and pollution abate- 
ment in accordance with section 328. 

"(R) Control of noxious weeds and aquatic noxious 
weeds and establishment of native species in accordemce 
with section 329.". 

(2) Modifications to surface transportation pro- 
gram. — Section 133(b) of title 23, is amended by striking para- 
graph (14) and inserting the following: 

"(14) Environmental restoration and pollution abatement 
in accordance with section 328. 

"(15) Control of noxious weeds and aquatic noxiotis weeds 
and establishment of native species in accordance with section 
329.". 

(b) Eligible Activities. — Chapter 3 of title 23, United States 
Code, is further amended by adding after section 327 the following: 

''§328. Eligibility for environmental restoration and pollution 
abatement 

"(a) In General. — Subject to subsection (b), euAdronmental res- 
toration and pollution abatement to minimize or mitigate the 
impacts of any transportation project funded under this title 
(including retrofitting and construction of stormwater treatment 
systems to meet Federal and State requirements under sections 
401 and 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1341; 1342)) may be carried out to address water pollution or 
environmental degradation caused whoUy or partially by a transpor- 
tation facility. 

"(b) Maximum Expenditure. — In a case in which a transpor- 
tation facility is undergoing reconstruction, rehabilitation, resur- 
facing, or restoration, the expenditure of funds under this section 
for environmental restoration or pollution abatement described in 
subsection (a) shall not exceed 20 percent of the total cost of 
the reconstruction, rehabilitation, resurfacing, or restoration of the 
facihty. 

"§329. Eligibility for control of noxious weeds and aquatic 
noxious weeds and establishment of native spe- 
cies 

"(a) In General. — In accordance with all applicable Federal 
law (including regulations), funds made available to carry out this 



305 



119 STAT. 1874 PUBLIC LAW 109-59— AUG. 10, 2005 

"(B) Individual elements. — Subject to subparagraph 
(C), the Secretary shall determine, through the administra- 
tive process estabUshed for exempting the Interstate 
System from section 106 of the National Historic Preserva- 
tion Act (16 U.S.C. 470f), those individual elements of 
the Interstate System that possess nationed or exceptional 
historic significance (such as a historic bridge or a highly 
significant engineering feature). Such elements shall be 
considered to be a historic site under section 303 of title 
49 or section 138 of this title, as apphcable. 

"(C) Construction, maintenance, restoration, and 
REHABILITATION ACTIVITIES. — Subparagraph (B) does not 
prohibit a State from carrying out construction, mainte- 
nance, restoration, or rehabilitation activities for a portion 
of the Interstate System referred to in subparagraph (B) 
upon compUance with section 303 of title 49 or section 
138 of this title, as applicable, and section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f).". 

SEC. 6008. INTEGRATION OF NATURAL RESOURCE CONCERNS INTO 
TRANSPORTATION PROJECT PLANNING. 

Section 109(cX2) of title 23, United States Code, is amended — 

(1) by striking "consider the results" and inserting "con- 
sider — 

"(A) the results"; 

(2) by striking the period at the end and inserting a semi- 
colon; and 

(3) by adding at the end the following: 

(B) the pubhcation entitled ^Flexibility in Highway 
Design' of the Federal Highway Administration; 

"(C) TEight Characteristics of Process to Yield Excel- 
lence and the Seven Qualities of Excellence in Transpor- 
tation Design' developed by the conference held during 
1998 entitled Thinking Beyond the Pavement National 
Workshop on Integrating Highway Development with 
Communities and the Environment while Maintaining 
Safety and Performance'; and 

"(D) any other material that the Secretary determines 
to be appropriate.". 

SEC. 6009. PARKS, RECREATION AREAS, WILDLIFE AND WATERFOWL 
REFUGES, AND HISTORIC SITES. 

(a) Programs and Projects With De Minimis Impacts.— 
(1) Title 23.— Section 138 of title 23, United States Code, 
is amended — 

(A) in the first sentence, by striking "it is hereby" 
and inserting the following: "(a) Declaration of Policy. — 
It is"; and 

(B) by adding at the end the following: 
"(b) De Minimis Impacts.— 

"(1) Requirements.— 

"(A) Requirements for phstoric sites. — ^The require- 
ments of this section shall be considered to be satisfied 
with respect to an area described in paragraph (2) if the 
Secretary determines, in accordance with this subsection, 
that a transportation program or project will have a de 
minimis impact on the area. 



306 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1875 

"(B) Requirements for parks, recreation areas, 
AND WILDLIFE OR WATERFOWL REFUGES. — The requirements 
of subsection (aXD shall be considered to be satisfied with 
respect to an area described in paragraph (3) if the Sec- 
retary determines, in accordance with this subsection, that 
a transportation program or project will have a de minimis 
impact on the area. The requirements of subsection (a)(2) 
with respect to an area described in paragraph (3) shall 
not include an alternatives analysis. 

"(C) Criteria. — In making any determination under 
this subsection, the Secretary shall consider to be part 
of a transportation program or project any avoidance, mini- 
mization, mitigation, or enhancement measures that are 
required to be implemented as a condition of approval 
of the transportation program or project. 
"(2) Historic sites. — ^With respect to historic sites, the 
Secretary may make a finding of de minimis impact only if — 

"(A) the Secretary has determined, in accordance with 

the consultation process required vmder section 106 of the 

National Historic Preservation Act (16 U.S.C. 4700, that— • 

"(i) the transportation program or project will have 

no adverse effect on the historic site; or 

"(ii) there will be no historic properties affected 

by the transportation program or project; 

"(B) the finding of the Secretary has received written 
concurrence fii'om the applicable State historic preservation 
officer or tribal historic preservation officer (and fi-om the 
Advisory Council on Historic Preservation if the Council 
is participating in the consultation process); and 

"(C) the finding of the Secretary has been developed 
in consultation with parties consulting as part of the 
process referred to in subparagraph (A). 
^'(3) Parks, recreation areas, and wildlife or water- 
fowl REFUGES. — ^With respect to parks, recreation areas, or 
wildlife or waterfowl refiiges, the Secretary may make a finding 
of de minimis impact only if — 

"(A) the Secretary has determined, after public notice Notice. 
and opportunity for public review and comment, that the 
transportation program or project will not adversely affect 
the activities, features, and attributes of the park, recre- 
ation area, or wildlife or waterfowl refuge ehgible for 
protection tmder this section; and 

"(B) the finding of the Secretary has received concur- 
rence from the officials with jurisdiction over the park, 
recreation area, or wildhfe or waterfowl refiige.". 
(2) Title 49.— Section 303 of title 49, United States Code, 
is amended — 

(A) by striking "(c) The Secretary" and inserting the 
following: 

"(c) Approval of Programs and Projects.— Subject to sub- 
section (d), the Secretaiy"; and 

(B) by adding at the end the following: 
"(d) De Minimis Impacts.— 

"(1) Requirements.— 

"(A) Requirements for historic sites.— The require- 
ments of this section shall be considered to be satisfied 
with respect to an area described in paragraph (2) if the 



307 



119 STAT. 1876 



PUBLIC LAW 109-59— AUG. 10, 2005 



Notice. 



23 use 138 note. 

Deadline. 

Regulations. 



Secretary determines, in accordance with this subsection, 
that a transportation program or project will have a de 
minimis impact on the area. 

"(B) Requirements for parks, recreation areas, 
AND WILDLIFE OR WATERFOWL REFUGES. — ^The requirements 
of subsection (c)(1) shall be considered to be satisfied with 
respect to an Eu-ea described in paragraph (3) if the Sec- 
retary determines, in accordance with this subsection, that 
a transportation program or project will have a de minimis 
impact on the area. The requirements of subsection (c)(2) 
with respect to an area described in paragraph (3) shall 
not include an alternatives analysis. 

"(C) Criteria. — In making any determination under 
this subsection, the Secretary shall consider to be part 
of a transportation program or project any avoidance, mini- 
mization, mitigation, or enhancement measures that are 
required to be implemented as a condition of approval 
of the transportation program or project. 
"(2) Historic sites. — With respect to historic sites, the 
Secretary may make a finding of de minimis impact only if— 

"(A) the Secretary has determined, in accordance with 

the constdtation process required imder section 106 of the 

National Historic Preservation Act (16 U.S.C. 470f), that— 

"(i) the transportation program or project will have 

no adverse effect on the historic site; or 

"(ii) there will be no historic properties affected 

by the transportation program or project; 

"(B) the finding of the Secretary has received written 
concurrence from the apphcable State historic preservation 
officer or tribal historic preservation officer (and fi:om the 
Advisory Council on Historic Preservation if the Council 
is participating in the consultation process); and 

"(C) the finding of the Secretary has been developed 
in consultation with parties consvUting as part of the 
process referred to in subparagraph (A). 
*(3) Parks, recreation areas, and wildlife or water- 
fowl refuges. — ^With respect to parks, recreation areas, or 
wildlife or waterfowl refiiges, the Secretary may make a finding 
of de minimis impact only if — 

"(A) the Secretary has determined, after pubUc notice 
and opportunity for public review and comment, that the 
transportation program or project will not adversely affect 
the activities, features, and attributes of the park, recre- 
ation area, or wildlife or waterfowl refuge eligible for 
protection under this section; and 

"(B) the finding of the Secretary has received concur- 
rence from the officials with jurisdiction over the park, 
recreation area, or wildlife or waterfowl refiige.". 
(b) Clarification of Existing Standards. — 

(1) In general. — Not later than 1 year after the date 
of enactment of this Act, the Secretary shall (in consultation 
with affected agencies and interested parties) promvdgate regu- 
lations that clarify the factors to be considered and the stand- 
ards to be applied in determining the prudence and feasibility 
of alternatives luider section 138 of title 23 and section 303 
of title 49, United States Code. 

(2) Requirements.— The regulations- 



SOS 



PUBLIC LAW 109-59— AUG. 10, 2005 119 STAT. 1877 

(A) shall clarify the application of the legal standards 
to a variety of different types of transpori;ation programs 
and projects depending on the circumstances of each case; 
and 

(B) may include, as appropriate, examples to facilitate 
clear and consistent interpretation by agency decision- 
makers. 

(c) Implementation Study.— 

(1) In general. — ^The Secretary shall — 

(A) conduct a study on the implementation of this 
section and the amendments made by this section; and 

(B) commission an independent review of the study 
plan and methodology, and any associated conclusions, by 
the Transportation Research Board of the National 
Academy of Sciences. 

(2) Components. — In conducting the study, the Secretary 
shall evaluate — 

(A) the processes developed vmder this section and 
the amendments made by this section and the efficiencies 
that may result; 

(B) the post-construction effectiveness of impact mitiga- 
tion and avoidance commitments adopted as part of projects 
conducted under this section and the amendments made 
by this section; and 

(C) the quantity of projects with impacts that are 
considered de minimis imder this section and the amend- 
ments made by this section, including information on the 
location, size, and cost of the projects. 

(3) Report requirement.— The Secretary shall prepare — 

(A) not earlier than the date that is 3 years after 
the date of enactment of this Act, a report on the results 
of the study conducted under this subsection; and 

(B) not later than March 1, 2010, an update on the 
report required under subparagraph (A). 

(4) Report recipients. — ^The Secretary shedl — 

(A) submit the report, review of the report, and update 
required under paragraph (3) to — 

(i) ttie appropriate committees of Congress; 
(ii) the Secretary of the Interior; and 
(iii) the AdAdsory Council on Historic Preservation; 
and 

(B) make the report and update available to the public. 

SEC. 6010. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT 23 USC 512 note. 
DEPLOYMENT OF BNTELUGENT TRANSPORTATION SYS- 
TEMS. 

(a) Categorical Exclusions. — Not later than one year after Regulations. 
the date of enactment of this Act, the Secretary shall initiate Deadline. 

a rulemaking process to establish, to the eittent appropriate, cat- 
egorical exclusions for activities that support the deployment of 
intelligent transportation infrastructure and systems from the 
requirement that an environmental assessment or an environmental 
impact statement be prepared under section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332) in compUance 
with the standards for categorical exclusions established by that 
Act. 

(b) Nationwide Programmatic Agreement.— 



309 



119 STAT. 1878 PUBLIC LAW 109-59— AUG. 10, 2005 

(1) Development. — ^The Secretary shall develop a nation- 
wide programmatic agreement jpfoveming the review of activities 
that support the deplojrment of intelligent transportation infra- 
structure and systems in accordance with section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f) and the 
regulations of the Advisory CoiuicU on Historic Preservation. 

(2) Consultation. — The Secretary shall develop the a^ee- 
ment under paragraph (1) in consultation with the National 
Conference of State Historic Preservation Officers and the 
Advisory Council on Historic Preservation established under 
title n of the National Historic Preservation Act (26 U.S.C. 
470i et seq.) and after sohciting the views of other interested 
parties. 

(c) Intelligent Transportation Infrastructure and Sys- 
tems Defined. — In this section, the term "inteUigent transportation 
infrastructure and systems" means inteUigent transportation infra- 
structure and intelligent transportation systems, as such terms 
are defined in subtitie C of title V of this Act. 

SEC. 6011. TRANSPORTATION CONFORMITY. 

(a) Conformity Redeterminations. — Section 176(c)(2) of the 
Clean Air Act (42 U.S.C. 7506(c)(2)) is amended by adding at 
the end the following: 

"(E) The appropriate metropolitan planning organiza- 
tion shall redetermine conformity of existing transportation 
plems and programs not later than 2 years after the date 
on which the Administrator — 

"(i) finds a motor vehicle emissions budget to be 
adequate in accordance with section 93.118(e)(4) of titie 
40, Code of Federal Regulations (as in effect on October 
1, 2004); 

"(ii) approves an implementation plan that estab- 
lishes a motor vehicle emissions budget if that budget 
has not yet been determined to be adequate in accord- 
ance with clause (i); or 

"(iii) promulgates an implementation plan that 
estabhshes or revises a motor vehicle emissions 
budget.". 

(b) Frequency of Conformity Determination Updates. — 
Section 176(c)(4)(B)(ii) of the Clean Air Act (42 U.S.C. 
7506(cX4XB)(ii)) is amended to read as follows: 

"(ii) address the appropriate frequency for making con- 
formity determinations, but the frequency for making con- 
formity determinations on updated transportation plans and 
programs shall be every 4 years, except in a case in which — 
"(I) the metropolitan planning organization elects to 

update a transportation plan or prograim more frequentiy; 

or 

"(II) the metropolitan planning organization is required 

to determine conformity in accordance with paragraph 

(2)(E); and". 

(c) Time Horizon for Conformity Determinations in Non- 
attainment Areas.— Section 176(c) of the Clean Air Act (42 U.S.C. 
7506(c)) is amended by adding at the end the following: 

"(7) Conformity horizon for transportation plans. — 

"(A) In general. — ^Each conformity determination 

required under this section for a transportation plan under 



310 



119 STAT. 1978 PUBLIC LAW 109-59— AUG. 10, 2005 

26USC6720A (d) EFFECTIVE DATE. — ^The amendments made by this section 

note. shall apply to any transfer, sale, or holding out for sale or resale 

occurring after the date of the enactment of this Act. 

Approved August 10, 2005. 



LEGISLATIVE HISTORY — H.R. 3 (S. 732): 

HOUSE REPORTS: Nos. 109-12 and Pt. 2 (both from Comm. on Transportation and 

Infrastructure) and 10^203 (Ck)mni. of Conference). 
SENATE REPORTS: No. 109-53 accompanying S. 732 (Comm. on Environment and 

Public Works). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

Mar. 9, 10, considered and passed House. 

Apr. 2&-28, May 9-13, 16, 17, considered and passed Senate, amended. 

July 29, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005): 

Aug. 10, IVesidential remarks and statement. 



o 



311 



PUBLIC LAW 109-71— SEPT. 21, 2005 119 STAT. 2011 



Public Law 109-71 
109th Congress 

An Act 

To revise the boundary of the Wind Cave National Park in the State of South Sept. 21, 2005 

Dakota. [S. 276] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. Wind Cave 

National Park 

SECTION 1. SHORT TITLE. Boundary 

This Act may be cited as the "Wind Cave National Park 2005^°" ° 
Boundary Revision Act of 2005". 16 USC I4la 

note. 
SEC. 2. DEFINrnONS. 16 USC 141a 

In this Act: ™** 

(1) Map. — ^The term "map" means the map entitled "Wind 
Cave National Park Boundary Revision", numbered 108/80,030, 
and dated June 2002. 

(2) Park. — The term 'Tark" means the Wind Cave National 
Park in the State. 

(3) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

(4) State.— The term "State" means the State of South 
Dakota. 

SEC. S. LAND ACQUISITION. 16 USC 141a 

(a) Authority. — 

(1) In GENERAL. — ^The Secretary may acquire the land or 
interest in land described in subsection (b)(1) for addition to 
the Park. 

(2) Means. — ^An acquisition of land under paragraph (1) 
may be made by donation, purchase from a willing seller with 
donated or appropriated funds, or exchange. 

(b) Boundary. — 

(1) Map and acreage. — ^The land referred to in subsection 
(a)(1) shall consist of approximately 5,675 acres, as generally 
depicted on the map. 

(2) Availability of map.— The map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service. 

(3) Revision. — ^The boimdary of the Park shall be adjusted 
to reflect the acquisition of land under subsection (a)(1). 

SEC. 4. ADMINISTRATION. 16 USC 141a 

(a) In General. — The Secretary shall administer any land 
acquired under section 3(a)(1) as part of the Park in accordance 
with laws (including regulations) applicable to the Park. 

(b) Transfer of Administrative Jurisdiction. — 



312 



119 STAT. 2012 PUBLIC LAW 109-71— SEPT. 21, 2005 

(1) In general. — The Secretary shall transfer from the 
Director of the Bureau of Land Management to the Director 
of the National Park Service administrative jurisdiction over 
the land described in paragraph (2). 

(2) Map and acreage. — ^The land referred to in paragraph 
(1) consists of the approximately 80 acres of land identified 
on the map as "Biu-eau of Land Management land". 

16 use 141a SEC. 5. GRAZING. 

°° ■ (a) Grazing Permitted. — Subject to any permits or leases in 

existence as of the date of acquisition, the Secretary may permit 
the continuation of livestock grazing on land acquired under section 
3(a)(1). 

(b) Limitation. — Grazing under subsection (a) shall be at not 
more than the level existing on the date on which the land is 
acquired under section 3(aXl). 

(c) Purchase of Permit or Lease.— The Secretary may pur- 
chase the outstanding portion of a grazing permit or lease on 
any land acquired under section 3(a)(1). 

(d) Termination of Leases or Permits.— The Secretary may 
accept the voluntary termination of a permit or lease for grazing 
on any acquired land. 

Approved September 21, 2005. 



legislative history— S. 276: 

senate REPORTS: No. 109-21 (Comm. on Energy and Natural Resources). 
congressional record, Vol. 151 (2005): 

July 26, considered and passed Senate. 

Sept. 13, considered and passed House. 



o 



313 



119 STAT. 2104 PUBLIC LAW 109-93— OCT. 26, 2005 



Public Law 109-93 
109th Congress 

An Act 

: — '■ To adjust the boundary of Rocky Mountain National Park in the State of Colorado. 

[S. 55] 

Be it enacted by the Senate and House of Representatives of 
Rocky Mountain the United States of America in Congress assembled. 

National Park 

Boundary SECTION 1. SHORT TITLE. 

of 2005. This Act may be cited as the "Rocky Mountain National Park 

16 use 191 note. Boundary Adjustment Act of 2005". 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Federal parcel.— The term "Federal parcel" means 
the parcel of approximately 70 acres of Federal land near 
MacGregor Ranch, Larimer Covmty, Colorado, as depicted on 
the map. 

(2) Map. — ^The term "map" means the map niunbered 121/ 
80,154, dated June 2004. 

(3) Non-federal parcels.— The term "non-Federal peir- 
cels" means the 3 parcels of non-Federal land comprising 
approximately 5.9 acres that are located near MacGregor 
Ranch, Larimer County, Colorado, as depicted on the map. 

(4) Park. — The term "Park" means Rocky Movmtain 
National Peirk in the State of Colorado. 

SEC. 3. ROCKY MOUNTAIN NATIONAL PARK BOUNDARY ADJUSTMENT. 

(a) Exchange of Land.— 

(1) In general. — ^The Secretary shall accept an offer to 
convey all right, title, and interest in and to the non-Federal 
parcels to the United States in exchange for the Federal peircel. 
Deadline. (2) CONVEYANCE.— Not later than 60 days after the date 

on which the Secretary receives an offer under paragraph (1), 
the Secretary shall convey the Federal parcel in exchange for 
the non-Federal parcels. 

(3) Conservation easement.— As a condition of the 
exchange of land imder paragraph (2), the Secretary shall 
reserve a perpetual easement to the Federal parcel for the 
purposes of protecting, preserving, and enhancing the conserva- 
tion values of the Federal parcel. 

(b) Boundary Adjustment; Management of Land. — On 
acquisition of the non-Federal parcels under subsection (a)(2), the 
Secret£uy shall — 

(1) adjust the boundary of the Park to reflect the acquisition 
of the non-Federal parcels; and 



314 



PUBLIC LAW 109-93— OCT. 26, 2005 119 STAT. 2105 

(2) manage the non-Federal parcels as part of the Park, 
in accordance with any laws (including regulations) appUcable 
to the Park. 

Approved October 26, 2005. 



LEGISLATIVE mSTORY— S. 55 (H.R. 774): 

HOUSE REPORTS: No. 109-108 accompanying H.R. 774 (Comm. on Resources). 
SENATE REPORTS: No. 109-19 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

July 26, considered and passed Senate. 

Oct. 18, considered and passed House. 



o 



315 



119 STAT. 2120 



PUBLIC LAW 109-97— NOV. 10, 2005 



Nov. 10, 2005 
[H.R 2744] 



Agriculture, 
Rural 

Development, 
Food and Drug 
Administration, 
and Related 
Agencies 
Appropriations 
Act, 2006. 



Public Law 109-97 
109th Congress 



An Act 



Maldng appropriations for Agriculture, Rural Development, Food and Drug Adminis- 
tration, and Related Agencies for the fiscal year ending September 30, 2006, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies programs 
for the fiscal year ending September 30, 2006, and for other pur- 
poses, namely: 

TITLE I 



AGRICULTURAL PROGRAMS 
Production, Processing and Marketing 

Office of the Secretary 

For necessary expenses of the Office of the Secretary of ^ri- 
culture, $5,127,000: Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Sec- 
retary. 

Executive Operations 
chief economist 

For necessary expenses of the Chief Economist, including eco- 
nomic analysis, risk assessment, cost-benefit analysis, energy and 
new uses, and the functions of the World Agricultural Outlook 
Board, as authorized by the Agricultural Marketing Act of 1946 
(7 U.S.C. 1622g), $10,539,000. 

national appeals division 

For necessary expenses of the National Appeals Division, 
$14,524,000. 

office of budget and program analysis 

For necessary expenses of the Office of Budget and Program 
Analysis, $8,298,000. 

****** 



316 



PUBLIC LAW 109-97— NOV. 10, 2005 119 STAT. 2149 

Farm Credit Administration 
limitation on administrative expenses 

Not to exceed $44,250,000 (from assessments collected from 
fann credit institutions and from the Federal Agricviltural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized vmder 12 U.S.C. 2249: Pro- 
vided, That this limitation shall not apply to expenses associated 
with receiverships. 

TITLE VII 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 

Sec. 701. Within the unit limit of cost fixed by law, appropria- 
tions and authorizations made for the Department of Agriculture 
for the current fiscal year under this Act shall be available for 
the purchase, in addition to those specifically provided for, of not 
to exceed 320 passenger motor vehicles, of which 320 shall be 
for replacement only, and for the hire of such vehicles. 

Sec. 702. Hereafter, fimds appropriated by this or any other 7USC2209g. 
Appropriations Act to the Department of Agricultvu-e (excluding 
the Forest Service) shall be available for uniforms or allowances 
as authorized by law (5 U.S.C. 5901-5902). 

Sec. 703. Hereafter, funds appropriated by this or any other 7USC2225a. 
Appropriations Act to the Department of Agriculture (excluding 
the Forest Service) shall be available for employment pursuant 
to the second sentence of section 706(a) of the Department of 
Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5 U.S.C. 
3109. 

Sec. 704. New obligational authority provided for the following 7 USC 2209b. 
appropriation items in this Act shall remain available until 
expended: Animal and Plant Health Inspection Service, the contin- 
gency fund to meet emergency conditions, information technology 
iofrastructure, fi-uit fly program, emerging plant pests, boll weevil 
program, low pathogen avian influenza program, up to $33,340,000 
in animal health monitoring and surveillance for the animal identi- 
fication system, up to $1,500,000 in the scrapie program for indem- 
nities, up to $3,000,000 in the emergency management systems 
program for the vaccine bank, up to $1,000,000 for wildlife services 
methods development, up to $1,000,000 of the wildhfe services 
operations program for aviation SEifety, and up to 25 percent of 
the screwworm program; Food Safety and Inspection Service, field 
automation and information management project; Cooperative State 
Research, Education, and Extension Service, funds for competitive 
research grants (7 U.S.C. 450i(b)), fiinds for the Research, Edu- 
cation, and Economics Information System, and funds for the Native 
American Institutions Endowment Fund; Farm Service Agency, 
salaries and expenses fiinds made available to county committees; 
Foreign Agricultural Service, middle-income country training pro- 
gram, and up to $2,000,000 of the Foreign Agricultural Service 
appropriation solely for the purpose of offsetting fluctuations in 
international currency exchange rates, subject to documentation 
by the Foreign Agricultural Service. 



317 



119 STAT. 2166 PUBLIC LAW 109-97— NOV. 10, 2005 

Sec. 798. Amenable Species.— The Federal Meat Inspection 
Act (21 U.S.C. 601 et seq.) is amended— 
21 use 603-605, (1) by striking "cattle, sheep, swine, goats, horses, mules, 

608, 609, 615, and other equines" each place it appears and inserting "ame- 

617,618,620, nable species"; 

21 use 601. (2) in section 1, by adding at the end the following new 

subsection: 

"(w) The term 'amenable species* means — 

"(1) those species subject to the provisions of this Act 

on the day before the date of the enactment of the Agriculture, 

Rural Development, Food and Drug Administration, and 

Related Agencies Appropriations Act, 2006; and 

"(2) any additional species of Uvestock that the Secretary 

considers appropriate."; and 
21 use 619. (3) in section 19 — 

(A) by striking "horses, mules, or other equines" and 
inserting "species designated by regfulations in effect on 
the day before the date of the enactment of the Agriculture, 
Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2006"; and 

(B) by striking "cattle, sheep, swine, or goats" and 
inserting "other amenable species". 

21 use 601 note. (b) EFFECTIVE DATE. — The amendments made by subsection 

(a) shall take effect on the day after the effective date of section 
794 of the Agriculture, Rural Development, Food and Drug Adminis- 
tration, and Related Agencies Appropriations Act, 2006. 
— > Sec 799. Pubhc Law 109-54, the Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2006, is 
amended as follows: 
ilnfe.p. 508. (1) Under the heading "National Park Service, Construc- 

tion"— 

(A) by striking "of which" after "$301,291,000, to 
remain available until expended," and inserting "and"; 

(B) in the sixth proviso, by striking "hereinafter" and 
inserting "hereafter" and, after "Annex^, inserting the fol- 
lowing: "and the Blue Ridge Parkway Regional Destination 
Visitor Center"; Emd 

(C) in the seventh proviso, by striking "solicitation 
and contract" and inserting "sohcitations and contracts". 

Ante, p. 509. (2) Under the heading "National Park Service, Land 

Acquisition and State Assistance" by striking "$74,824,000" 
and inserting "$64,909,000". 
Ante, p. 518. (3) Under the heading "Departmental Memagement, Sala- 

ries and Expenses" by striking "$127,183,000" and inserting 
"$117,183,000". 
Ante, p. 528. (4) In title n, under the heading "Environmental Protection 

Agency, State and Tribal Assistance Grsmts" — 

(A) before the period at the end of the first paragraph, 
insert ": Provided further. That of the ftmds made available 
under this heading in division I of Public Law 108-447, 
$300,000 is for the Haleyville, Alabama, North Industrial 
Area Water Storage Temk project: Provided further. That 
the referenced statement of the managers under the 
heading "Environmental Protection Agency, State and 
Tribal Assistance Grants" in Public Law 107-73, in ref- 
erence to item 184, is deemed to be amended by striking 
"$2,000,000" and inserting "$29,945" and by inserting after 



318 



PUBLIC LAW 109-97— NOV. 10, 2005 119 STAT. 2167 

"improvements" the following: ", $500,000 to the City of 
Sheridan for water system improvements, $500,000 to 
Meagher County/Martinsdale Water and Sewer District for 
Martinsdale Water System Improvements, and $970,055 
to the City of Bozeman for HyaUte Waterline and IntaJce"; 
and 

(B) in the second paragraph strike "original". Ante, p. 530. 

(5) Under the heading 'Torest Service, Land Acquisition" Ante, p. 535. 
by striking "land that are encumbered" and all that follows 
through "under this section," and inserting the following: "lands 

that are enciunbered by unpatented claims acquired under 
this section, or with previously appropriated funds,". 

(6) At the end of title IV — General Provisions, insert the Ante, p. 559. 
following: 

^"SEC. 440. REDESIGNATION OF WILDERNESS. 

"(a) REDESIGNATION. — Section 140(c)(4) of division E of PubUc 
Law 108-447 is amended by striking 'National'. 16 USC 1132 

"(b) References. — ^Any reference in a law, map, regulation, °ote. 
docvunent, paper, or other record of the United States to the 'Gaylord 
A. Nelson National Wilderness' shall be deemed to be a reference 
to the 'Gaylord A. Nelson Wilderness'.". 

This Act may be cited as the "Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropria- 
tions Act, 2006 . 

Approved November 10, 2005. 



LEGISLATIVE fflSTORY— H.R. 2744: 

HOUSE REPORTS: Nos. 109-102 (Comm. on Appropriations) and 109-255 

(Coram, of Conference). 
SENATE REPORTS: No. 109-92 (Comm. on J^propriations). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

June 8, considered and passed House. 

Sept. 15, 19—22, considered and passed Senate, amended. 

Oct. 28, House agreed to conference report. 

Nov. 2, 3, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005): 

Nov. 10, Presidential statement. 



o 



319 



119 STAT. 2396 



PUBLIC LAW 109-115— NOV. 30, 2005 



Public Law 109-115 
109th Congress 



An Act 



Nov. 30, 2005 
[H.R 3058] 



Transportation, 
Treasury, 
Housing and 
Urban 

Development, the 
Judiciary, the 
District of 
Columbia, and 
Independent 
AgencieB 
Appropriations 
Act, 2006. 

Transportation, 
Treasury, 
Housing and 
Urban 

Development, the 
Judiciary, and 
Independent 
Agencies 
Appropriations 
Act, 2006. 

Department of 
Transportation 
Appropriations 
Act, 2006. 



Making appropriations for the Departments of Transportation, Treasury, and Hous- 
ing and Urban Development, the Judiciary, District of Columbia, tmd independent 
agencies for the fiscal year ending September 30, 2006, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

DIVISION A— TRANSPORTATION, TREASURY, HOUSING AND 
URBAN DEVELOPMENT, THE JUDICIARY, AND INDE- 
PENDENT AGENCIES APPROPRIATIONS ACT, 2006 

That the following sums are appropriated, out of any money in 
the Treasury not otheiTvise appropriated, for the Departments of 
Transportation, Treasviry, Housing and Urban Development, the 
Judiciary, and independent agencies for the fiscal year ending Sep- 
tember 30, 2006, and for other purposes, namely: 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

salaries and expenses 

For necessary expenses of the Office of the Secretary, 
$84,900,000, of which not to exceed $2,198,000 shall be available 
for the immediate Office of the Secretary; not to exceed $698,000 
shall be available for the immediate Office of the Deputy Secretary; 
not to exceed $15,183,000 shall be available for the Office of the 
General Counsel; not to exceed $11,650,000 shall be available for 
the Office of the Under Secretary of Transportation for Policy; 
not to exceed $8,485,000 shall be available for the Office of the 
Assistant Secretary for Budget and Programs; not to exceed 
$2,293,000 shall be available for the Office of the Assistant Sec- 
retary for Governmental Affairs; not to exceed $22,031,000 shall 
be avEiilable for the Office of the Assistant Secretary for Administra- 
tion; not to exceed $1,910,000 shall be available for the Office 
of Public Affairs; not to exceed $1,442,000 shall be available for 
the Office of the Executive Secretariat; not to exceed $697,000 
shall be available for the Board of Contract Appeals; not to exceed 
$1,265,000 shall be available for the Office of Small and Disadvan- 
taged Business Utilization; not to exceed $2,033,000 for the Office 
of Intelligence and Security; not to exceed $11,895,000 shall be 
available for the Office of the Chief Information Officer; and not 
to exceed $3,120,000 shall be available for the Office of Emergency 



320 



119 STAT. 2420 PUBLIC LAW 109-115— NOV. 30, 2005 

Washington County Commuter Rail Project, Oregon, 
$15,000,000. 

West Corridor Light Rail, Colorado, $5,000,000. 

ADMINISTRATIVE PROVISIONS— FEDERAL TRANSIT ADMINISTRATION 

49 use 5338 Sec. 140. The limitations on obligations for the programs of 

note. the Federal Transit Administration shall not apply to any authority 

under 49 U.S.C. 5338, previously made available for obligation, 

or to any other authority previously made available for obligation. 

Sec. 141. Notwithstanding any other proAdsion of law, and 
except for fixed guideway modernization projects, funds made avail- 
able by this Act under "Federal Transit Administration, Capital 
investment grants" for projects specified in this Act or identified 
in reports accompeinying this Act not obhgated by September 30, 
2008, and other recoveries, shall be made available for other projects 
under 49 U.S.C. 5309. 

Sec. 142. Notwithstanding any other provision of law, any 
funds appropriated before October 1, 2005, under any section of 
chapter 53 of title 49, United States Code, that remain available 
for expenditure may be transferred to and administered under 
the most recent appropriation heading for any such section. 

Sec. 143. Notwithstanding any other provision of law, unobli- 
gated funds made available for a new fixed guideway systems 
projects under the heading "Federal Transit Administration, Capital 
Investment Grants" in any appropriations Act prior to this Act 
may be used during this fiscal year to satisfy expenses incvirred 
for such projects. 

— ^ Sec. 144. Funds made available for Alaska or Hawaii ferry 
boats or ferry terminal fadhties pursuant to 49 U.S.C. 5309{m)(2)(B) 
may be used to construct new vessels and facilities, or to improve 
existing vessels and facilities, including both the passenger and 
vehicle-related elements of such vessels and facilities, and for repair 
facilities: Provided, That not more than $3,000,000 of the funds 
made available pursuant to 49 U.S.C, 5309(mX2XB) may be used 
by the State of Hawaii to initiate and operate a passenger ferryboat 
services demonstration project to test the viability of different intra- 
island and inter-island ferry boat routes and technology: Provided 
further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made 
available for Alaska or Hawaii ferry boats may be used to acquire 
passenger ferry boats and to provide passenger ferry transportation 
services within areas of the State of Hawaii under the control 
or use of the National Park Service. 

Sec. 145. Amounts made available fi-om the bus category of 
the Capital Investment Grants Account or Discretionary Grants 
Account in this or any other previous Appropriations Act that 
remain unobligated or unexpended in a grant for a multimodal 
transportation facility in Burlington, Vermont, may be used for 
site-preparation and design purposes of a multimodal transportation 
facility in a different location within Burlington, Vermont, than 
originally intended notwithstanding previous expenditures incurred 
such purposes at the original location. 
WaBhington. Sec. 146. Notwithstanding Einy other provision of law, funds 

designated in the conference report accompanying Public Law 108- 
447 and Public Law 108-199 for the King County Metro Park 
and Ride on First Hill, Seattle, Washington, shall be available 



321 



119 STAT. 2424 



PUBLIC LAW 109-115— NOV. 30, 2005 



to the government (18 U.S.C. 1001), by any person or entity that 
Air carriers. is subject to regulation by the Department: Provided further. That 

Ticket agents. the fiinds made available under this heading shall be used to 
investigate, pursuant to section 41712 of title 49, United States 
Code: (1) unfair or deceptive practices and unfair methods of com- 
petition by domestic and foreign air carriers and ticket agents; 
and (2) the compliance of domestic and foreign air carriers with 
respect to item (1) of this proviso. 

Surface Transportation Board 

salaries and expenses 

For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $26,450,000: Pro- 
vided, That notwithstanding any other provision of law, not to 
exceed $1,250,000 from fees estabhshed by the Chairman of the 
Surface Transportation Board shall be credited to this appropriation 
as offsetting collections and used for necessary and authorized 
expenses under this heading: Provided further. That the sum herein 
appropriated from the general fund shall be reduced on a dollar- 
for-dollar basis as such offsetting collections are received during 
fiscal year 2006, to result in a final appropriation from the general 
fund estimated at no more than $25,200,000. 

Administrative Provisions— Department of Transportation 

(INCLUDING transfers OF FUNDS) 

Sec. 160. During the current fiscal year applicable appropria- 
tions to the Department of Transportation shall be available for 
maintenance and operation of aircraft; hire of passenger motor 
vehicles and aircraft; purchase of hability insurance for motor 
vehicles operating in foreign countries on ofiicial department busi- 
ness; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902). 

Sec. 161. Appropriations contained in this Act for the Depart- 
ment of Transportation shall be available for services as authorized 
by 5 U.S.C. 3109, but at rates for individuals not to exceed the 
per diem rate equivalent to the rate for an Executive Level IV. 

Sec. 162. None of the ftmds in this Act shall be available 
for salaries and expenses of more than 108 poHtical and Presidential 
appointees in the Department of Transportation: Provided, That 
none of the personnel covered by this provision may be assigned 
on temporary detail outside the Department of Transportation. 

Sec. 163. None of the funds in this Act shall be used to 
implement section 404 of title 23, United States Code. 

Sec. 164. (a) No recipient of funds made available in this 
Act shall disseminate personal information (as defined in 18 U.S.C. 
2725(3)) obtained by a State department of motor vehicles in connec- 
tion with a motor vehicle record as defined in 18 U.S.C. 2725(1), 
except as provided in 18 U.S.C. 2721 for a use permitted under 
18 U.S.C. 2721. 

(b) Notwithstanding subsection (a), the Secretary shall not with- 
hold fiinds provided in this Act for any grantee if a State is in 
noncompliance with this provision. 

Sec. 165. F\mds received by the Federal Highway Administra- 
tion, Federal Transit Administration, and Federal Railroad 
* ****** 



322 



PUBLIC LAW 109-115— NOV. 30, 2005 



119 STAT. 2427 



(5) in subparagraph (F) (as redesignated by paragraph 
(3)), by striking "State Option" and all that follows through 
the period and inserting "(F) Subparagraphs (B), (C), (D) and 
(E) herein shall not apply to the States of West Virginia or 
Minnesota.". 

Sec. 175. Notwithstanding any provision of law, the Secretary 
of Transportation is authorized and directed to make project grants 
under chapter 471 of title 49, United States Code, from funds 
available for fiscal year 2006 and thereafter under 49 U.S.C. 48103, 
for the cost of acquisition of land, or reimbursement of the cost 
of land if purchased prior to enactment of this provision and prior 
to a grant agreement, for non-exclusive use aeronautical purposes 
on an airport layout plan that has been approved by the Secretary 
on January 23, 2004, pursuant to section 49 U.S.C. 47107(a)(16), 
for any small hub airport as defined in 49 U.S.C. 47102, and 
had scheduled or chartered direct international flights totaling at 
least 200 million pounds gross aircraft landed weight for calendar 
year 2002. 

Sec. 176. (a) Section 47108 of title 49, United States Code, 
is amended in subsection (e) by adding the following new paragraph 
at the end: 

"(3) Changes to nonhub primary status. — If the status 
of a nonhub primary airport changes to a small hub primary 
airport at a time when the airport has received discretionary 
funds imder this chapter for a terminal development project 
in accordance with section 47110(d)(2), and the project is not 
yet completed, the project shall remain ehgible for funding 
from the discretionary fiind and the smaU airport fund to 
pay costs allowable xmder section 47110(d). Such project shall 
remain eUgible for such fimds for three fiscal years after the 
start of construction of the project, or if the Secretary deter- 
mines that a fiirther extension of eligibility is justified, luitil 
the project is completed.". 

(b) Conforming Amendment. — Section 47110(d)(2)(A) is 49 use 47110. 
amended by striking "(A) the" and inserting "(A) except as provided 
in section 47108(eK3), the". 

Sec. 177. Section 40128(e) of title 49, United States Code, 
is amended by adding at the end the following: "For purposes 
of this subsection, an air tour operator flying over the Hoover 
Dam in the Lake Mead National Recreation Area en route to 
the Grand Canyon National Park shall be deemed to be flying 
solely as a transportation route.". Nothing in this provision shall 49 USC 40128 
allow exemption from overflight rules for the Grand Canyon. note. 

Sec. 178. Section 145(c) of the Aviation and Transportation 
Security Act (49 U.S.C. 40101 note) is amended by striking 
"November 19, 2005." and inserting "November 30, 2006.". 

Sec. 179. (a)(1) This section shaU apply to a former employee Applicability. 
of the Federal Aviation Administration, who — 

(A) W21S involuntarily separated as a result of the reorga- 
nization of the Flight Services Unit following the outsourcing 
of flight service duties to a contractor; 

(B) was not eligible by October 3, 2005 for an immediate 
annuity under a Federal retirement system; and 

(C) assuming continued Federal employment, would attain 
eligibility for an immediate annuity under section 8336(d) or 
8414(b) of title 5, United States Code, not later than October 
4, 2007. 



323 



PUBLIC LAW 109-115— NOV. 30, 2005 119 STAT. 2523 

This Act (including divisions A and B) may be cited as the 
"Treuasportation, Treasury, Housing and Urban Development, the 
Judiciaiy, the District of Columbia, and Independent Agencies 
Appropriations Act, 2006". 

Approved November 30, 2005. 



LEGISLATIVE mSTORY— H.R. 3058 (S. 1446): 

HOUSE REPORTS: Nos. 109-153 (Comm. on Appropriations) and 109-307 

(Comm. of Conference). 
SENATE REPORTS: Nos. 109-106 accompanying S. 1446 and 109-109 (both from 

Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

Jime 29, 30, considered and passed House. 

Oct. 17-20, considered and passed Senate, amended. 

Nov. 18, House agreed to conference report. 

Nov. 21, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005): 

Nov. 30, Presidential statement. 



o 



324 



119 STAT. 2526 PUBLIC LAW 109-117— DEC. 1, 2005 



Public Law 109-117 
109th Congress 

An Act 

Dec. 1, 2005 To amend Public Law 89-366 to allow for an adjustment in the number of free 

[H.R. 126] roaming horses permitted in Cape Lookout National Seashore. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. ADJUSTMENT IN NUMBER OF FREE ROAMING HORSES 
PERMITTED IN CAPE LOOKOUT NATIONAL SEASHORE, 
NORTH CAROLINA. 

(a) In General. — ^The first subsection (b) of section 5 of Public 
Law 89-366 (16 U.S.C. 459g-4) is amended— 

(1) in paragraph (1), by striking "100 free roaming horses" 
and inserting "not less than 110 free roaming horses, with 
a target population of between 120 and 130 free roaming 
horses,"; 

(2) in paragraph (3), by striking subparagraph (B) and 
inserting the following new subparagraph: 

"(B) imless removal is carried out as part of a plan to 
maintain the viability of the herd; or"; and 

(3) in paragraph (5), by striking "100" and inserting "110". 

(b) Repeal of Duplicate Subsection. — Section 5 of Public 
Law 89-366 is further amended — 

(1) in subsection (a), by striking "(a)" after "(a)"; and 

(2) by striking the second subsection (b). 

Approved December 1, 2005. 



LEGISLATIVE HISTORY— H.R. 126: 

senate REPORTS: No. 109-154 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

Mar. 14, considered and passed House. 

Nov. 16, considered and passed Senate. 



o 



325 



PUBLIC LAW 109-119— DEC. 1, 2005 



119 STAT. 2529 



Public Law 109-119 
109th Congress 



An Act 



To authorize appropriations to the Secretary of the Interior for the restoration 
of the Angel Island Immigration Station in the State of California. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Angel Island Immigration Station 
Restoration and Preservation Act". 

SEC. 2. FINDINGS. 

The Congress makes the following findings: 

(1) The Angel Island Immigration Station, also known as 
the Ellis Island of the West, is a National Historic Landmark. 

(2) Between 1910 and 1940, the Angel Island Immigration 
Station processed more than 1,000,000 immigrants and emi- 
grants fi"om around the world. 

(3) The Angel Island Immigration Station contributes 
greatly to our understanding of our Nation's rich and complex 
immigration history. 

(4) The Angel Island Immigration Station was built to 
enforce the Chinese Exclusion Act of 1882 and subsequent 
immigration laws, which unfairly and severely restricted Asian 
immigration. 

(5) During their detention at the Angel Island Immigration 
Station, Chinese detainees carved poems into the walls of the 
detention barracks. More than 140 poems remain today, rep- 
resenting the unique voices of immigrants awaiting entry to 
this country. 

(6) More than 50,000 people, including 30,000 school- 
children, visit the Angel Island Immigration Station annually 
to learn more about the experience of immigrants who have 
traveled to our shores. 

(7) The restoration of the Angel Island Immigration Station 
and the preservation of the writings and drawings at the Angel 
Island Immigration Station will ensure that future generations 
also have the benefit of experiencing and appreciating this 
great symbol of the perseverance of the immigrant spirit, and 
of the (fiversity of this great Nation. 

SEC. 3. RESTORATION. 

(a) Authorization of Appropriations.— There are authorized 
to be appropriated to the Secretary of the Interior $15,000,000 
for restoring the Angel Island Immigration Station in the San 
Francisco Bay, in coordination with the Angel Island hnmigration 



Dec. 1, 2005 
[H.R 606] 



Angel Island 
Inmiigration 
Station 

Restoration and 
Preservation Act. 



326 



119 STAT. 2530 PUBLIC LAW 109-119— DEC. 1, 2005 

Station Foundation and the California Department of Parks and 
Recreation. 

(b) Federal Funding. — Federal funding under this Act shall 
not exceed 50 percent of the total funds from all sources spent 
to restore the Angel Island Immigration Station. 

(c) Priority. — (1) Except as provided in paragraph (2), the 
fiinds appropriated pvirsuant to this Act shall be used for the 
restoration of the Immigration Station Hospital on Angel Island. 

(2) Any remaining funds in excess of the amount required 
to carry out paragraph (1) shall be used solely for the restoration 
of the Angel Island Immigration Station. 

Approved December 1, 2005. 



LEGISLATIVE fflSTORY — H.R. 606: 

SENATE REPORTS: No. 109-157 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

May 23, considered and passed House. 

Nov. 16, considered and passed Senate. 



o 



327 



PUBLIC LAW 109-120— DEC. 1, 2005 119 STAT. 2531 



Public Law 109-120 
109th Congress 

An Act 

To direct the Secretary of the Interior to conduct a special resource study to _^ ^^ 

determine the suitability and feasibility of including in the National Park System : — ' ^^ 

certain sites in Williamson County, Tennessee, relating to the Battle of Fraiiklin. [H.R. 1972] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, FVanklin 

SECTION 1. SHORT TITLE. Battkfidd 

This Act may be cited as the "Franklin National Battlefield Study Act. 
Study Act". 
SEC. 2. DEFINITIONS. 

In this Act: 

(1) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

(2) Study area. — ^The term "study area" means the cities 
of Brentwood, Franklin, Triune, Thompson's Station, and 
Spring Hill, Tennessee. 

SEC. 3. SPECIAL RESOURCE STUDY. 

(a) In General. — ^The Secretary shall conduct a special resource 
study of sites in the study area relating to the Battle of FrankUn 
to determine — 

(1) the national significance of the sites; and 

(2) the suitability and feasibihty of including the sites 
in the National Park System. 

(b) Requirements. — The study conducted under subsection (a) 
shall include the analysis and recommendations of the Secretary 
on — 

(1) the effect on the study area of including the sites 
in the National Park System; and 

(2) whether the sites could be included in an existing 
unit of the National Park System or other federally designated 
imit in the State of Tennessee. 

(c) Consultation. — In conducting the study under subsection 
(a), the Secretary shall consult with — 

(1) appropriate Federal agencies and State and local 
government entities; and 

(2) interested groups and organizations. 

(d) Applicable Law. — The study required under subsection 
(a) shall be conducted in accordance with Public Law 91-383 (16 
U.S.C. la-1 et seq.). 

SEC. 4. REPORT. 

Not later than 3 years after the date funds are made available 
for the study, the Secretary shall submit to the Committee on 



328 



119 STAT. 2532 PUBLIC LAW 109-120— DEC. 1, 2005 

Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report that 
describes — 

(1) the findings of the study; and 

(2) any conclusions and recommendations of the Secretary. 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS, 

There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 

Approved December 1, 2005. 



LEGISLATIVE HISTORY — H.R. 1972: 

HOUSE REPORTS: No. 109-289 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

Nov. 15, considered and passed House. 

Nov. 16, considered and passed Senate. 

o 



329 



119 STAT. 2566 PUBLIC LAW 109-131— DEC. 20, 2005 



Public Law 109-131 
109th Congress 

An Act 

To authorize the Secretary of the Interior to provide supplemental funding and 

other services that are necessary to assist certain local school districts in the 

Dec. 20, 2005 State of California in providing educational services for students attending schools 

[s 136] located within Yosemite National Park, to authorize the Secretary of the Interior 

to adjust the boundaries of the Golden Gate National Recreation Area, to adjust 

the boundaries of Redwood National Park, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Table of contents. 

TITLE I— YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS 

Sec. 101. Payments for educational services. 

Sec. 102. Authorization for park facilities to be located outside the boundaries of 
Yosemite National Park. 

TITLE n— RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL 
RECREATION AREA BOUNDARY ADJUSTMENT 

Sec. 201. Short title. 

Sec. 202. Golden Gate National Recreation Area, California. 

TITLE in— REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT 

Sec. 301. Short title. 

Sec. 302. Redwood National Park boundary adjustment. 

TITLE I— YOSEMITE NATIONAL PARK 
AUTHORIZED PAYMENTS 

SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES. 

(a) In General.— (1) For fiscal years 2006 through 2009, the 
Secretary of the Interior may provide funds to the Bass Lake 
Joint Union Elementary School District and the Mariposa Unified 
School District in the State of Cahfomia for educational services 
to students — 

(A) who are dependents of persons engaged in the adminis- 
tration, operation, and maintenance of Yosemite National Park; 
or 

(B) who live within or near the park upon real property 
owned by the United States. 

(2) The Secretary's authority to make payments imder this 
section shall terminate if the State of California or local education 
agencies do not continue to provide funding to the schools referred 



330 



PUBLIC LAW 10&-131— DEC. 20, 2005 119 STAT. 2567 

to in subsection (a) at per student levels that are no less than 
the amount provided in J5scal year 2005. 

(b) Limitation on Use of Funds. — Payments made under this 
section shall only be used to pay public employees for educationed 
services provided in accordance with subsection (a). Payments may 
not be used for construction, construction contracts, or major capital 
improvements. 

(c) Limitation on Amount of Funds. — Payments made under 
this section shall not exceed the lesser of — 

(1) $400,000 in any fiscal year; or 

(2) the amount necessary to provide students described 
in subsection (a) with educational services that are normally 
provided and generally available to students who attend public 
schools elsewhere in the State of California. 

(d) Source of Payments. — (1) Except as otherwise provided 
in this subsection, the Secretary may use funds available to the 
National Park Service from appropriations, donations, or fees. 

(2) Funds from the following sources shall not be used to 
make pajrments under this section: 

(A) Any law authorizing the collection or expenditure of 
entrance or use fees at units of the National Park System, 
including — 

(i) the Land and Water Conservation Fimd Act of 1965 
(16 U.S.C. 4601-4 et seq.); and 

(ii) the Federal Lands Recreation Enhancement Act 
(16 U.S.C. 6801 et seq.). 

(B) Any unexpended receipts collected through — 

(i) the recreational fee demonstration program estab- 
hshed vmder section 315 of the DepEirtment of the Interior 
and Related Agencies Appropriations Act, 1996 (16 U.S.C. 
4601-6a note; Public Law 104-134); or 

(ii) the national park passport program established 
under section 602 of the National Parks Omnibus Manage- 
ment Act of 1998 (16 U.S.C. 5992). 

(C) Emergency appropriations for flood recovery at 
Yosemite National Park. 

(3)(A) The Secretary may use an authorized funding source 
to make payments under this section only if the funding available 
to Yosemite National Park firom such source (after subtracting 
any payments to the school districts authorized under this section) 
is greater than or equal to the amount made available to the 
park for the prior fiscal year, or in fiscal year 2005, whichever 
is greater. 

(B) It is the sense of Congress that any payments made under 
this section should not result in a reduction of funds to Yosemite 
National Park fi"om any specific funding source, and that with 
respect to appropriated fonds, funding levels should reflect annual 
increases in the park's operating base funds that are generally 
made to units of the National Park System. 

SEC. 102. AUTHORIZATION FOR PARK FACIUTIES TO BE LOCATED 
OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL 
PARK. 

(a) Funding Authority for Transportation Systems and 
External Facilities.— Section 814(c) of the Onmibus Parks and 
Public Lands Management Act of 1996 (16 U.S.C. 346e) is 
amended — 



331 



119 STAT. 2568 



PUBLIC LAW 109-131— DEC. 20, 2005 



Rancho Corral de 
Tierra Golden 
Gate National 
Recreation Area 
Boundary 
Adjustment Act. 



(1) in the heading by inserting "AND YOSEMTTE 
NATIONAL PARK" after "ZION NATIONAL PARK"; 

(2) in the first sentence — 

(A) by inserting "and Yosemite National Park" after 
"Zion National Park"; and 

(B) by inserting "for transportation systems or" aft«r 
"appropriated ftinds"; and 

(3) in the second sentence by striking "facilities'' and 
inserting "systems or facihties". 

(b) Clarifying Amendment for Transportation Fee 
Authority. — Section 501 of the National Parks Omnibus Manage- 
ment Act of 1998 {16 U.S.C. 5981) is amended in the first sentence 
by striking "service contract" and inserting "service contract, 
cooperative agreement, or other contractual arrangement". 

TITLE II— RANCHO CORRAL DE TIERRA 
GOLDEN GATE NATIONAL RECRE- 
ATION AREA BOUNDARY ADJUST- 
MENT 



16 use 460bb 
note. 



SEC. 201. SHORT TITLE. 

This title may be cited as the "Rancho Corral de Tierra Golden 
Gate National Recreation Area Boundary Adjustment Act". 

SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA. 

Section 2(a) of Pubhc Law 92-589 (16 U.S.C. 460bh-l(a)) is 
amended — 

(1) by striking "The recreation area shall comprise" and 
inserting the following: 

"(1) Initial lands. — The recreation area shall comprise"; 
and 

(2) by striking "The following additional lands are also" 
and all that follows through the period at the end of the 
subsection and inserting the following new paragraphs: 

"(2) Additional lands. — In addition to the lands described 
in paragraph (1), the recreation area shall include the foUoTving: 

"(A) The parcels numbered by the Assessor of Marin 
County, Cahfomia, lia-040-04, 119-040-05. 119-040-18, 
166-202-03, 166-010-06, 166-010-07, 166-010-24, 166- 
010-25, ll»-240-19, 166-010-10, 166-010-22, 11&-240- 
. 03, 119-240-51, 119-240-52, 119-240-54, 166-010-12. 
166-010-13, and 119-235-10. 

"(B) Lands and waters in San Mateo County generally 
depicted on the map entitled 'Sweeney Ridge Addition, 
Golden Gate National Recreation Area', numbered NRA 
GG-80,000-A, and dated May 1980. 

"(C) Lands acquired under the Golden Gate National 
Recreation Area Addition Act of 1992 (16 U.S.C. 460bb- 
1 note; Public Law 102-299). 

"(D) Lands generally depicted on the map entitled 
'Additions to Golden Gate National Recreation Area', num- 
bered NPS-80-076, and dated July 2000/PWR-PLRPC. 

"(E) Lands generally depicted on the map entitled 
'Rancho Corral de Tierra Additions to the Golden Gate 



332 



PUBLIC LAW 109-131— DEC. 20, 2005 119 STAT. 2569 

National Recreation Area', numbered NPS-80,079E, and 
dated March 2004. 

"(3) Acquisition limitation.— The Secretary may acquire 
land described in paragraph (2)(E) only from a willing seller.". 

TITLE in— REDWOOD NATIONAL PARK Redwood 

BOUNDARY ADJUSTMENT ^^^^"^ 

Adjustment Act 
SEC. 301. SHORT TITLE. 16 ^iSc 79a note. 

This title may be cited as the "Redwood National Park 
Boundary Adjustment Act of 2005". 

SEC. 302. REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT. 

Section 2(a) of the Act of Public Law 90-545 (16 U.S.C. 79b(a)) 
is amended — 

(1) in the first sentence, by striking "(a) The area" and 
all that follows through the period at the end and inserting 
the following: "(a)(1) The Redwood National Park consists of 
the land generally depicted on the map entitled Tledwood 
National Park, Revised Boundary*, numbered 167/60502, and 
dated February, 2003."; 

(2) by inserting after paragraph (1) (as designated by peira- 
graph (1)) the following: 

"(2) The map referred to in paragraph (1) sheill be — 

"(A) on file and available for public inspection in the appro- 
priate offices of the National Park Service; and 

"(B) provided by the Secretary of the Interior to the appro- 
priate officers of Del Norte and Humboldt Covmties, California."; 
and 

(3) in the second sentence — 

(A) by striking "The Secretary" and inserting the fol- 
lowing: 

"(3) The Secretary;" and 

(B) by striking "one htindred and six thousand acres" 
and inserting "133,000 acres". 

Approved December 20, 2005. 



LEGISLATIVE fflSTORY — S. 136: 

SENATE REPORTS: No. 109-63 (Conun. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

July 26, considered and passed Senate. 

Dec. 6, considered and passed House. 



o 



333 



PUBLIC LAW 109-135— DEC. 21, 2005 119 STAT. 2577 



Public Law 109-135 
109th Congress 

An Act 

To amend the Internal Revenue Code of 1986 to provide tax benefits for the _. _, onnti 
Gulf Opportunity Zone and certain areas affected by Hurricanes Rita and Wilma, — t>ec. ^ , /uuo 
and for other purposes. [H.R. 4440] 



Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled. Gulf Opportunity 

«„^™.,^«r - ^^»n.« ....«« w. .<.,.,^ Zone Act of 2005. 

SECTION 1. SHORT TITLE; ETC. 

(a) Short Title. — This Act may be cited as the "Gulf Oppor- 26 USC i note, 
tunity Zone Act of 2005". 

(b) Amendment of 1986 Code. — Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed 
in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section 
or other provision of the Internal Revenue Code of 1986. 

(c) Table of Contents.— The table of contents of this Act 
is as follows: 

Sec. 1. Short title; etc. 

TITLE I— ESTABLISHMENT OF GULF OPPORTUNITY ZONE 

Sec. 101. Tax benefits for Gulf Opportunity Zone. 

Sec. 102. E!xpansion of Hope Scholarship and Lifetime Learning Credit for students 
in the Gulf Opportunity Zone. 

Sec. 103. Housing relief for individuals affected by Hurricane Katrina. 

Sec. 104. Extension of special rules for mortgage revenue bonds. 

Sec. 105. Special extension of bonus depreciation placed in service date for tax- 
payers affected by Hurricanes Katrina, Rita, and WUma. 

TITLE n— TAX BENEFITS RELATED TO HURRICANES RITA AND WILMA 

Sec. 201. Extension of certain emergency tax relief for Hiuricane Katrina to Hurri- 
canes Rita and Wilma. 

TITLE in— OTHER PROVISIONS 

Sec. 301. Gulf Coast Recovery Bonds. 

Sec. 302. Election to include combat pay as earned income for purposes of earned 
income credit. 

Sec. 303. Modification of effective date of exception fi-om suspension rules for cer- 
tain Usted and reportable transactions. 

Sec. 304. Authority for undercover operations. 

Sec. 305. Disclosures of certain tax return information. 

TITLE IV— TECHNICALS 
Subtitle A— Tax Technicals 

Sec. 401. Short title. 

Sec. 402. Amendments related to Energy Policy Act of 2005. 

Sec. 403. Amendments related to the American Jobs Creation Act of 2004. 

Sec. 404. Amendments related to the Working Families Tax Relief Act of 2004. 

Sec 405. Amendments related to the Jobs and Growth Tax Relief Reconciliation 

Act of 2003. 
Sec. 406. Amendment related to the Victims of Terrorism Tax Relief Act of 2001. 



334 



119 STAT. 2578 PUBLIC LAW 109-135— DEC. 21, 2005 

Sec. 407. Amendments related to the Economic Growth and Tax Rehef Reconcili- 
ation Act of 2001. 

Sec. 408. Amendments related to the Internal Revenue Service Restructuring and 
Reform Act of 1998. 

Sec. 409. Amendments related to the Taxpayer Relief Act of 1997. 

Sec. 410. Amendment related to the Omnibus Budget Reconciliation Act of 1990. 

Sec. 411. Amendment related to the Omnibus Budget Reconciliation Act of 1987. 

Sec. 412. Clerical corrections. 

Sec. 413. Other corrections related to the American Jobs Creation Act of 2004. 

Subtitle B— Trade Technicals 

Sec. 421. Technical corrections to regional value content methods for rules of origin 
under Public Law 109-53. 

TITLE V— EMERGENCY REQUIREMENT 
Sec. 501. Emergency requirement. 

TITLE I—ESTABLISHMENT OF GULF 
OPPORTUNITY ZONE 



•^ 



SEC. 101. TAX BENEFITS FOR GULF OPPORTUNTIT ZONE. 

(a) In General. — Subchapter Y of chapter 1 is amended by 
adding at the end the following new part: 

**PART II— TAX BENEFITS FOR GO ZONES 

"Sec. 1400M. Definitions. 

"Sec. 1400N. Tax benefits for Gulf Opportunity Zone. 

"SEC. 14001VL DEFINITIONS. 

"For purposes of this part — 

"(1) Gulf opportunity zone.— The terms 'Gulf Oppor- 
tunity Zone' and 'GO Zone' mean that portion of the Hurricane 
Katrina disaster area determined by the President to warrant 
individual or individued and public assistance from the Federal 
Government under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act by reason of Hurricane Katrina. 

"(2) Hurricane katrina disaster area.— The term 'Hurri- 
cane Katrina disaster area' means an area with respect to 
which a major disaster has been declared by the President 
before September 14, 2005, under section 401 of such Act by 
reeison of Hurricane Katrina. 

"(3) Rita go zone.— The term 'Rita GO Zone' means that 
portion of the Hurricane Rita disaster area determined by 
the President to warrant individual or individual and pubUc 
assistEince from the Federal Government under such Act by 
reason of Hurricane Rita. 

"(4) Hurricane rita disaster area.— The term 'Hurricane 
Rita disaster area' means an area with respect to which a 
major disaster has been declared by the President before 
October 6, 2005, under section 401 of such Act by reason 
of Hurricane Rita. 

"(5) WiLMA GO ZONE.— The term *Wilma GO Zone' means 
that portion of the Hurricane Wilma disaster area determined 
by the President to warrant individual or individual and pubUc 
assistance from the Federal Government under such Act by 
rezison of Hurricane Wilma. 

"(6) Hurricane wilma disaster area.— The term 'Hurri- 
cane Wilma disaster area' means an area with respect to which 



335 



PUBLIC LAW 109-135— DEC. 21, 2005 119 STAT. 2579 

a major disaster has been declared by the President before 
November 14, 2005, under section 401 of such Act by reason 
of Hurricane Wilma. 

"SEC. 1400N. TAX BENEFITS FOR GULF OPPORTUNITY ZONE. 

"(a) Tax-Exempt Bond Financing.— 

"(1) In GENERAL. — For purposes of this title — 

"(A) any qualified Gulf Opportunity Zone Bond 
described in psiragraph (2)(A)(i) shall be treated as an 
exempt facility bond, and 

"(B) any qualified Gulf Opportunity Zone Bond 
described in paragraph (2)(A)(ii) shall be treated as a quaU- 
fied mortgage bond. 

"(2) Qualified gulf opportunity zone bond. — For pur- 
poses of this subsection, the term 'qualified Gulf Opportunity 
Zone Bond' means any bond issued as part of an issue if — 
"(A)(i) 95 percent or more of the net proceeds (as 
defined in section 150(a)(3)) of such issue are to be used 
for quaUfied project costs, or 

"(ii) such issue meets the requirements of a qualified 
mortgage issue, except as otherwise provided in this sub- 
section, 

"(B) such bond is issued by the State of Alabama, 
Louisiana, or Mississippi, or any political subdivision 
thereof, 

"(C) such bond is designated for purposes of this section 
by- 

"(i) in the case of a bond which is required imder 
State law to be approved by the bond commission 
of such State, such bond commission, and 

"(ii) in the case of any other bond, the Governor 
of sudi State, 

"(D) such bond is issued after the date of the enactment 
of this section and before January 1, 2011, and 

"(E) no portion of the proceeds of such issue is to 
be used to provide any property described in section 
144(c)(6)(B). 
"(3) Limitations on bonds.— 

"(A) Aggregate amount designated. — ^The maximiun 
aggregate face amount of bonds which may be designated 
under this subsection with respect to any State shall not 
exceed the product of $2,500 multipUed by the portion 
of the State population which is in the Gulf Opportunity 
Zone (as determined on the basis of the most recent census 
estimate of resident population released by the Bureau 
of Census before August 28, 2005). 

"(B) Movable property.— No bonds shall be issued 
which are to be used for movable fixtures and equipment. 
"(4) Qualified project costs. — For purposes of this sub- 
section, the term 'qualified project costs' means — 

"(A) the cost of any quaUfied residential rental project 
(as defined in section 142(d)) located in the Gulf Oppor- 
tunity Zone, and 

"(B) the cost of acquisition, construction, reconstruc- 
tion, and renovation of — 



336 



PUBLIC LAW 109-135— DEC. 21, 2005 



119 STAT. 2585 



(relating to expensiBg of environmental remediation costs) shall 
be applied — 

"(1) in the case of expenditures paid or incurred on or 
after August 28, 2005, and before January 1, 2008, by sub- 
stituting 'December 31, 2007' for the date contained in section 
198(h), and 

"(2) except as provided in section 198(d)(2), by treating 
petrolemn products (as defined in section 4612(aX3)) as a haz- 
ardous substance. 

"(h) Increase in Rehabilitation Credit. — In the case of quali- 
fied rehabilitation expenditures (as defined in section 47(c)) paid 
or incurred during the period beginning on August 28, 2005, and 
ending on December 31, 2008, with respect to any qualified rehabiU- 
tated building or certified historic structvu-e (as defined in section 
47(c)) located in the Gulf Opportunity Zone, subsection (a) of section 
47 (relating to rehabilitation credit) shall be applied — 

"(1) by substituting '13 percent' for *10 percent' in para- 
graph (1) thereof, and 

"(2) by substituting *26 percent' for '20 percent' in para- 
graph (2) thereof 
"(i) Special Rules for Small Timber Producers.— 

"(1) Increased expensing for qualified timber prop- 
erty. — In the case of qualified timber property any portion 
of which is located in the Gulf Opportunity Zone, in that 
portion of the Rita GrO Zone which is not part of the Gulf 
Opportunity Zone, or in the Wilma GO Zone, the limitation 
under subparagraph (B) of section 194(b)(1) shall be increased 
by the lesser of — 

"(A) the limitation which would (but for this subsection) 
apply under such subparagraph, or 

"(B) the amount of reforestation expenditures (as 
defined in section 194(cX3)) paid or incurred by the tax- 
payer with respect to such quaUfied timber property during 
the specified portion of the taxable year. 

"(2) 5 YEAR NOL CARRYBACK OF CERTAIN TIMBER LOSSES. — 
For purposes of determining any farming loss under section 
172(i), income and deductions which are zdlocable to the speci- 
fied portion of the taxable year and which are attributable 
to qualified timber property any portion of which is located 
in ttie Gulf Opportunity Zone, in that portion of the Rita 
GO Zone which is not part of the Gulf Opportunity Zone, 
or in the Wilma GO Zone shall be treated as attributable 
to farming businesses. 

"(3) Rules not applicable to certain entities. — Para- 
graphs (1) and (2) shall not apply to any taxpayer which — 
"(A) is a corporation the stock of which is publicly 
traded on an established securities market, or 

"(B) is a real estate investment trust. 
"(4) Rules not appucable to large timber producers. — 
"(A) Expensing.— Paragraph (1) shall not apply to any 
taxpayer if such taxpayer holds more than 500 acres of 
qu^fied timber property at any time during the taxable 
year. 

"(B) NOL carryback.— Paragraph (2) shall not apply 
with respect to any qualified timber property unless — 
"(i) such property was held by the taxpayer — 



337 



119 STAT. 2642 PUBLIC LAW 109-135— DEC. 21, 2005 

(2) by adding at the end the following new subparagraph: 
"(E) Information returns. — Except to the extent pro- 
vided by the Secretary, this paragraph shall not apply 
to part ni of subchapter A of chapter 61 (relating to 
information returns).". 
26 use 1361 (d) Effective Date. — The amendments made by this section 

note. shall take effect as if included in the provisions of the American 

Jobs Creation Act of 2004 to which they relate. 

Subtitle B— Trade Technicals 

SEC. 421, TECHNICAL COBtRECTIONS TO REGIONAL VALUE-CONTENT 
METHODS FOR RULES OF ORIGIN UNDER PUBLIC LAW 
109-53. 

Section 203(c) of the Dominican Republic-Central America- 
United States Free Trade Agreement Implementation Act (PubUc 
Law 109-53; 19 U.S.C. 4033(c)) is amended as follows: 

(1) In paragraph (2)(A), by striking all that follows "the 
following build-down method:" and inserting the following: 

«BVC = ^^i!=^xlOO". 
AV 

(2) In paragraph (3XA), by striking all that follows "the 
following build-up method:" and inserting the following: 

«BVC = —^~— X 100". 
AV 

(3) In paragraph (4XA), by striking all that follows "the 
following net cost method:" and inserting the following: 

"RVC= ^^'g^ xlOO". 

TITLE V— EMERGENCY REQUIREMENT 

SEC. 501. EMERGENCY REQUIREMENT. 

Any provision of this Act causing an effect on receipts, budget 
authority, or outlays is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress). 

Approved December 21, 2005. 



LEGISLATIVE HISTORY — H.R. 4440: 

CONGRESSIONAL RECORD, Vol. 151 (2005): 

Dec. 7, considered and passed House. 

Dec. 16, considered and passed Senate, amended. House concurred in Senate 
amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005): 

Dec. 21, Presidential remarks. 



o 



338 



119 STAT. 2676 PUBLIC LAW 109-146— DEC. 22, 2005 



Public Law 109-146 
109th Congress 

An Act 

TV./. <w onn^ "^^ require the Secretary of the Treasury to mint coins in commemoration of the 
Dec. 22, 2005 qq^j^ anniversary of the desegregation of the Little Rock Central High School 

[H.R. 358] in Little Rock, Arkansas, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
Little Rock the United States of America in Congress assembled, 

Central High 
School SECTION 1. SHORT TITLE. 

s^^nmversary This Act may be cited as the "Little Rock Central High School 

Commemorative Desegregation 50th Anniversary Commemorative Coin Act". 

Coin Act. 

31 use 5112 SEC. 2. FINDINGS. 

Congress finds the following: 

(1) September 2007, marks the 50th anniversary of the 
desegregation of Little Rock Central High School in Little Rock, 
Arkansas. 

(2) In 1957, Little Rock Central High was the site of 
the first major national test for the implementation of the 
historic decision of the United States Supreme Court in Brown, 
et al. V. Board of Education of Topeka, et al., 347 U.S. 483 
(1954). 

(3) The courage of the "Little Rock Nine" (Ernest Green, 
Elizabeth Eckford, Melba Pattillo, Jefferson Thomas, Carlotta 
Walls, Terrence Roberts, Gloria Ray, Thelma Mothershed, and 
Minnijean Brown) who stood in the face of violence, was influen- 
tial to the Civil Rights movement and changed American history 
by providing an example on which to build greater equality. 

(4) The desegregation of Little Rock Central High by the 
9 African American students was recognized by Dr. Martin 
Luther King, Jr. as such a significant event in the struggle 
for civil rights that in May 1958, he attended the graduation 
of the first African American fi"om Little Rock Central High 
School. 

(5) A commemorative coin will bring national and inter- 
national attention to the lasting legacy of this important event. 

SEC. 3. COIN SPECIFICATIONS. 

(a) Denominations.— The Secretary of the Treasury (herein- 
after in this Act referred to as the "Secretary") shall mint and 
issue not more than 500,000 $1 coins each of which shall — 

(1) weigh 26.73 grams; 

(2) have a diameter of 1.500 inches; and 

(3) contain 90 percent silver and 10 percent copper. 



339 



PUBLIC LAW 109-146— DEC. 22, 2005 119 STAT. 2677 

(b) Legal Tender. — The coins minted under this Act shall 
be legal tender, as provided in section 5103 of title 31, United 
States Code. 

(c) Numismatic Items. — For purposes of section 5136 of title 
31, United States Code, aU coins minted under this Act shall 
be considered to be numismatic items. 

SEC. 4. DESIGN OF COINS. 

(a) Design Requirements.— The design of the coins minted 
under this Act shall be emblematic of the desegregation of the 
Little Rock Central High School and its contribution to civil rights 
in America. 

(b) Designation and Inscriptions. — On each coin minted 
under this Act there shall be — 

(Da designation of the value of the coin; 

(2) an inscription of the year "2007"; and 

(3) inscriptions of the words "LibeiV', "In God We Trust", 
"United States of America", and "E Pluribus Unum". 

(c) Selection. — The design for the coins minted under this 
Act shall be — 

(1) selected by the Secretary after consultation with the 
Commission of Fine Arts; and 

(2) reviewed by the Citizens Coinage Advisory Committee 
estabUshed under section 5135 of title 31, United States Code. 

SEC. 5. ISSUANCE OF COINS. 

(a) Quality of Coins. — Coins minted under this Act shall 
be issued in uncirculated and proof quaUties. 

(b) Commencement of Issuance.— The Secretary may issue 
coins minted under this Act beginning January 1, 2007, except 
that the Secretary may initiate sales of such coins, without issuance, 
before such date. 

(c) Termination of Minting Authority.— No coins shall be 
minted xinder this Act after December 31, 2007, 

SEC. 6. SALE OF COINS. 

(a) Sale Price. — ^Notwithstanding any other provision of law, 
the coins issued under this Act shall be sold by the Secretary 
at a price equal to the sum of the face value of the coins, the 
surch£u*ge required vmder section 7(a) for the coins, and the cost 
of designing and issuing such coins (including labor, materials, 
dies, use of machinery, overhead expenses, and marketing). 

(b) Bulk Sales. — ^The Secretary shall make bulk sales of the 
coins issued under this Act at a reasonable discount. 

(c) Prepaid Orders at a Discount.— 

(1) In general. — ^The Secretary shall accept prepaid orders 
for the coins minted under this Act before the issuance of 
such coins. 

(2) Discount. — Sale prices with respect to prepaid orders 
under paragraph (1) shall be at a reasonable discount. 

SEC. 7. SURCHARGES. 

(a) Surcharge Required. — All sales shall include a surcharge 
of$10 per coin. 

(b) Distribution. — Subject to section 5134(f) of title 31, United 
States Code, and subsection (d), all surcharges which are received 
by the Secretary from the sale of coins issued under this Act 
snaU be promptly peiid by the Secretary to the Secretary of the 



340 



119 STAT. 2678 PUBLIC LAW 109-146— DEC. 22, 2005 

Interior for the protection, presei-vation, and interpretation of 
resources and stories associated with Little Rock Central High 
School National Historic Site, including the following: 

(1) Site improvements at Little Rock Central High School 
NationaJ Historic Site. 

(2) Development of interpretive and education programs 
and historic preservation projects. 

(3) Establishment of cooperative agreements to preserve 
or restore the historic character of the Park Street and Daisy 
L. Gatson Bates Drive corridors adjacent to the site. 

(c) Limitation. — Notwithstanding subsection (a), no surcharge 
may be included with respect to the issuance under this Act of 
any coin during a calendar year if, as of the time of such issuance, 
the issuance of such coin would result in the number of commemora- 
tive coin programs issued during such year to exceed the annual 
2 commemorative coin program issuance limitation under section 
5112(mXl) of title 31, United States Code (as in effect on the 
date of the enactment of this Act). The Secretary of the Treasury 
may issue guidance to carry out this subsection. 

(d) Creditable Funds. — ^Notwithstanding any other provision 
of the law and recognizing the unique partnership nature of the 
Department of the Interior and the Little Rock School District 
at the Little Rock Central High School National Historic Site and 
the significant contributions made by the Little Rock School District 
to preserve and maintain the historic character of the high school, 
any non-Federal funds expended by the school district (regardless 
of the source of the funds) for improvements at the Little Rock 
Central High School National Historic Site, to the extent such 
funds were used for the purposes described in paragraph (1), (2), 
or (3) of subsection (b), shall be deemed to meet the requirement 
of funds from private sources of section 5134(f)(lXA)(ii) of title 
31, United States Code, with respect to the Secretary of the Interior. 

Approved December 22, 2005. 



LEGISLATIVE HISTORY— H.R. 358: 

HOUSE REPORTS: No. 109-134, Pt. 1 (Comm. on Financial Services). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

June 27, considered and passed House. 

Nov. 18, considered and passed Senate, amended. 

Dec. 18, House concurred in Senate amendment. 



o 



341 



119 STAT. 2680 



PUBLIC LAW 109-148— DEC. 30, 2005 



Dec. 30, 2005 
IJLR. 2863] 



D^artment of 
Defense, 
Emergency 
Supplemental 
Appropriations to 
Address 

Hurricanes in the 
Gulf of Mexico, 
and Pandemic 
Influenza Act, 
2006. 

Department of 
Defense 
Appropriations 
Act, 2006. 



Public Law 109-148 
109th Congress 



An Act 



Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 2006, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

DIVISION A 

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 

That the followmg sums are appropriated, out of any money in 
the Treasviry not otherwise appropriated, for the fiscal year ending 
September 30, 2006, for military functions administered by the 
Department of Defense and for other purposes, namely: 

TITLE I 



MILITARY PERSONNEL 

Military Personnel, Army 

For pay, allowances, individual clothing, subsistence, interest 
on deposite, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Army on active duty, (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; for members of the Reserve Officers' Training Corps; and 
for payments pursuant to section 156 of Public Law 97—377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Mihtary Retirement Fund, $28,191,287,000. 

Military Personnel, Navy 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members or the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; for members of the Reserve Officers' TVaining Corps; and 
for payments pursuant to section 156 of PubUc Law 97-377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $22,788,101,000. 



342 



PUBLIC LAW 109-148— DEC. 30, 2005 119 STAT. 2697 

TITLE VIII 
GENERAL PROVISIONS 

Sec. 8001. No part of any appropriation contained in this 
Act shall be used for pubUcity or propaganda purposes not author- 
ized by the Congress. 

Sec. 8002. During the ciurent fiscal year, provisions of law lo USC 1584 
prohibiting the payment of compensation to, or employment of, "ote. 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civihEm employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further. That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further. That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the Republic of Turkey. 

Sec. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, unless expressly so provided herein. 

Sec. 8004. No more than 20 percent of the appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer 
camp training of the Reserve Officers' Training Corps. 

(TRANSFER OF FUNDS) 

Sec. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $3,750,000,000 of working capital fiinds of the Depart- 
ment of Defense or fiinds made available in this Act to the Depart- 
ment of Defense for military functions (except military construction) 
between such appropriations or funds or any subdivision thereof, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such authority to transfer may 
not be used unless for higher priority items, based on vmforeseen 
military requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
has been denied by the Congress: Provided further. That the Sec- Notification, 
retary of Defense shaU notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in this 
Act: Provided further, That no part of the funds in this Act shall 
be available to prepare or present a request to the Committees 
on Appropriations for reprogramming of fiuids, unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the 



343 



119 STAT. 2720 PUBUC LAW 109-148— DEC. 30, 2005 

rate stabilization adjustments in Department of Defense Working 
Capital Funds, as follows: 

(1) From "Operation and Maintenztnce, Army", 
$100,000,000. 

(2) From "Operation and Maintenance, Navy", $50,000,000. 

(3) From "Operation and Maintenance, Air Force", 
$100,000,000. 

Sec. 8095. (a) In addition to the amounts provided elsewhere 
in this Act, the amount of $5,100,000 is hereby appropriated to 
the Department of Defense for "Operation and Maintenance, Army 
Grants. National Guard". Such amovmt shall be made available to the 

Secretary of the Army only to make a grant in the amovmt of 
$5,100,000 to the entity specified in subsection (b) to facihtate 
access by veterans to opportunities for skilled employment in the 
construction industry. 

(b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a 
nonprofit labor-management co-operation committee provided for 
by section 302(c)(9) of the Labor-Management Relations Act, 1947 
(29 U.S.C. 186(c)(9)), for the purposes set forth in section 6(b) 
of the Labor Management Cooperation Act of 1978 (29 U.S.C. 175a 
note). 

Sec. 8096. Financing and Fielding of Key Army Capabili- 
ties. — ^The Department of Defense and the Department of the Army 
shall make future budgetary and programming plans to fully finance 
the Non-Line of Sight Future Force cannon and resupply vehicle 
program (NLOS-C) in order to field this system in fiscal year 
2010, consistent with the broader plan to field the Future Combat 
System (FCS) in fiscal year 2010: Provided, That if the Army 
is precluded fi-om fielding the FCS program by fiscal year 2010, 
then the Army shall develop the NLOS-C independent of the 
broader FCS development timeUne to achieve fielding by fiscal 
yeeir 2010. In addition the Army wiU deliver eight (8) combat 
operational pre-production NLOS-C systems by the end of calendar 
year 2008. These systems shall be io addition to those systems 
necessary for developmental and operational testing: Provided fur- 
ther. That the Army shall ensure that budgetary and programmatic 
plans will provide for no fewer than seven (7) Stryker Brigade 
Combat Teams. 

Sec. 8097. Up to $2,125,000 of the fimds appropriated under 
the heading "Operation and Maintenance, Navy* in this Act for 
the Pacific Missile Range Facility may be made available to contract 
for the repair, maintenance, and operation of adjacent ofT-base 
water, drainage, and flood control systems, electrical upgrade to 
support additional missions critical to base operations, and support 
for a range footprint expansion to further guard against encroach- 
ment. 

Sec. 8098. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $33,350,000 is hereby appro- 

griated to the Department of Defense, to remain available until 
eptember 30, 2006: Provided, That the Secretary of Defense shall 
make grants in the amounts specified as follows: $3,850,000 to 
the Intrepid Sea-Air-Space Foimdation; $1,000,000 to the Pentagon 
Memorial Fimd, Inc.; $4,400,000 to the Center for Applied Science 
and Technologies at Jordan Valley Innovation Center; $1,000,000 
to the Vietnam Veterans Memorial Fund for the Teach Vietnam 
initiative; $500,000 to the Westchester County World Trade Center 



344 



PUBLIC LAW 109-148— DEC. 30, 2005 



119 STAT. 2721 



Memorial; $1,000,000 to the Women in Military Service for America 
Memorial Foundation; $2,000,000 to The Presidio Trust; $500,000 
to Greorge Mason University for the Clinic for Legal Assistance 
to Servicemembers; $850,000 to the Fort Des Moines Memorizil 
Park and Education Center; $1,000,000 to the American Civil War 
Center at Historic Tredegar; $1,500,000 to the Museum of Flight, 
American Heroes Collection; $1,000,000 to the National Guard 
Youth Foundation; $2,550,000 to the United Services Organization; 
$1,700,000 to the Dwight D. Eisenhower Memorial Commission; 
$1,000,000 to the Iraq Cultured Heritage Assistance Project; 
$1,350,000 to the Pacific Aviation Museum-Pearl Harbor; $1,500,000 
to the Red Cross ConsoUdated Blood Services Facihty; $150,000 
to the Telluride Adaptive Sports Program; $4,000,000 to 
T.H.A.N.KS USA; $1,500,000 to the Battleship Texas Foundation 
to Restore and Preserve the Battleship Texas; and $1,000,000 to 
the Pennsylvania Veterans Museum Media Armory. 

Sec. 8099. Notv^ithstanding section 2583(a) of title 10, United 
States Code, but subject to the limitations of section 2583(e) of 
title 10, United States Code, during the current fiscal year the 
Secretary of the military department concerned may make a mili- 
tary working dog available for adoption by its former hsmdler. 

Sec. 8100. The budget of the President for fiscal year 2007 
submitted to the Congress pursuant to section 1105 of title 31, 
United States Code shall include separate budget justification docu- 
ments for costs of United States Armed Forces' participation in 
contingency operations for the MiKtary Personnel accounts, the 
Operation and Maintenance accounts, and the Procurement 
accounts: Provided, That these documents shall include a descrip- 
tion of the fimding requested for each contingency operation, for 
each mihtary service, to include all Active and Reserve components, 
and for each appropriations account: Provided further, That these 
documents shall include estimated costs for each element of expense 
or object class, a reconciliation of increases and decreases for each 
contingency operation, and programmatic data including, but not 
Limited to, troop strength for each Active and Reserve component, 
and estimates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents shaU 
include budget exhibits OP-5 and OP-32 (as defined in the Depart- 
ment of Defense Financial Management Regulation) for all contin- 
gency operations for the budget year and the two preceding fiscal 
years. 

Sec. 8101. None of the funds in this Act may be used for 
reseEU"ch, development, test, evaluation, procurement or deployment 
of nuclear armed interceptors of a missile defense system. 

Sec. 8102. Of the amotmts provided in title II of this Act 
under the heading "Operation and Maintenance, Defense-Wide", 
$20,000,000 is available for the Regional Defense Counter-terrorism 
Fellowship Program, to fund the education and training of foreign 
military officers, ministry of defense civilians, and other foreign 
security officials, to include United States military officers and 
civilian officials whose participation directly contributes to the edu- 
cation and training of these foreign students. 

Sec. 8103. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 53rd Weather Reconnaissance Squadron of the Air Force 
Reserve, if such action would reduce the WC-130 Weather Recon- 
naissance mission below the levels fiuided in this Act: Provided, 
* ***** 



Military working 
dog. 



Federal budget. 
10 use 221 note. 



345 



PUBLIC LAW 109-148— DEC. 30, 2005 



119 STAT. 2745 



DIVISION B 

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO AD- 
DRESS HURRICANES IN THE GULF OF MEXICO AND PAN- 
DEMIC INFLUENZA, 2006 

That the following svuns are appropriated, out of any money 
in the Treasury not otherwise appropriated, to address hurricanes 
in the Gulf of Mexico and pandemic influenza for the fiscal yeeir 
ending September 30, 2006, and for other purposes, namely: 

TITLE I 

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO 
ADDRESS HURRICANES IN THE GULF OF MEXICO 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

Executive Operations 

working capital fund 

For necessary expenses of "Working Capital Fund" related to 
the consequences of Hurricane Katrina, $35,000,000, to remain 
available vmtil expended: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006. 

Agricultural Research Service 
buildings and faciuties 

For an additional amoimt for "Buildings and Facilities", 
$9,200,000, to remain available imtil September 30, 2007, for nec- 
essary expenses related to the consequences of Hvirricane Katrina: 
Provided, That the amount provided under this heading is des- 
ignated as an emergency requirement pursuant to section 402 of 
H. Con. Res. 95 {109th Congress), the concurrent resolution on 
the budget for fiscal year 2006. 

Rural Development Programs 

rural community advancement program 

For the cost of grants for the water, waste disposal, and waste- 
water facilities programs authorized under section 306(a) and 306A 
of the Consolidated Farm and Rural Development Act, $45,000,000: 
Provided, That funds made available under this paragraph shall 
remain available until expended to respond to damage caused by 
hurricanes that occurred during the 2005 calendar year: Provided 
further. That the amounts provided under this heading are des- 

rated as an emergency requirement pursuant to section 402 of 
Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006. 



Emergency 
Supplemental 
Appropriations 
Act to Address 
Hurricanes in Hie 
Gulf of Mexico 
and Pandemic 
Influenza, 2006. 



346 



PUBLIC LAW 109-148— DEC. 30, 2005 



119 STAT. 2765 



this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006. 

Federal Emergency Management Agency 

administrative and regional operations 

For an additional emiount for "Administrative and Regional 
Operations" for necessary expenses related to hurricanes and other 
natural disasters, $17,200,000, to remain available until expended: 
Provided, That the amount provided under this heading is des- 
ignated as an emergency requirement pursuant to section 402 of 
H. Con. Res. 95 (109th Congress), the concurrent resolution on 
the budget for fiscal year 2006. 

DISASTER RELIEF 

(TRANSFER OF FUNDS) 

In addition, of the amounts appropriated under this heading 
in Public Law 109-62, $1,500,000 shall be transferred to the "Dis- 
aster Assistance Direct Loan Program Account" for administrative 
expenses to carry out the direct loan program, as authorized by 
section 417 of the Stafford Act: Provided, That the amotmt provided 
under this heading is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006. 



General Provision— This Chapter 

Sec. 401. Notwithstanding 10 U.S.C. 701(b), the Secretary of 
the Department of Homeland Security may authorize a member 
on active duty who performed duties in support of Hurricanes 
Katrina or Rita disaster reUef operations and who, except for this 
section, would lose any accumulated leave in excess of 60 days 
at the end of fiscal year 2005, to retain an accumulated leave 
total not to exceed 120 days leave. Leave in excess of 60 days 
accumulated under this section is lost unless it is used by the 
member before October 1, 2007. 



Accumulated 
leave. 

Employment and 
labor. 



CHAPTERS 
DEPARTMENT OF THE INTERIOR 

United States Fish and Wildufe Service 
construction 

For an additional amoimt for "Construction" for response, 
cleanup, recovery, repair and reconstruction expenses related to 
hurricanes in the Gulf of Mexico in calendar year 2005, $30,000,000, 
to remain available xintil expended: Provided, That the amount 
provided under this heading is designated as an emergency require- 
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 2006. 



347 



119 STAT. 2766 PUBLIC LAW 109-148— DEC. 30, 2005 

National Pake Service 
construction 

For an additional amount for "Construction" for response, 
cleanup, recovery, repair and reconstruction expenses related to 
hurricanes in the Gulf of Mexico in calendar year 2005, $19,000,000, 
to remain available until expended: Provided, That the amount 
provided under this heading is designated as an emergency require- 
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 2006. 

United States Geological Survey 

SURVEYS, investigations, AND RESEARCH 

For an additional amount for "Surveys, Investigations, and 
Research", for necessary expenses related to the consequences of 
hurricanes in the Gulf of Mexico in calendar year 2005 and for 
repayment of advances to other appropriation accounts from which 
funds were transferred for such purposes, $5,300,000, to remain 
available until expended: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concvirrent 
resolution on the budget for fiscal year 2006. 

Minerals Management Service 

royalty and offshore minerals management 

For an additional amount for "Royalty and Offshore Minerals 
Management", for necessary expenses related to the consequences 
of hurricanes in the Gulf of Mexico in calendar year 2005 and 
for repayment of advances to other appropriation accounts firom 
which funds were transferred for such purposes, $16,000,000, to 
remedn available vmtil expended: Provided, That the amoimt pro- 
vided under this heading is designated as an emergency require- 
ment pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
the conciirrent resolution on the budget for fiscal year 2006. 

ENVIRONMENTAL PROTECTION AGENCY 

Leaking Underground Storage Tank Program 

For an additional Eimount for "Leaking Undergroimd Storage 
Tank Program", not to exceed $85,000 per project, $8,000,000, to 
remeun available until expended, for necessary expenses related 
to the consequences of hurricanes in the Gulf of Mexico in calendar 
year 2005: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 
402 of H. Con. Res. 95 (109th Congress), the conciirrent resolution 
on the budget for fiscal year 2006. 



348 



119 STAT. 2832 PUBLIC LAW 109-148— DEC. 30, 2005 

"(A) who is in a population specified in such declara- 
tion, and with respect to whom the administration or use 
of the covered countermeasure satisfies the other specifica- 
tions of such declaration; or 

"(B) who uses the covered countermeasure, or to whom 
the covered countermeasure is administered, in a good 
faith belief that the individual is in the category described 
by subparagraph (A). 

"(3) Covered injury. — ^The term 'covered injiuy* means 
serious physical injury or death. 

"(4) Declaration. — ^The term 'declaration' means a declara- 
tion under section 319F-3(b). 

"(5) Eligible individual.— The term 'eUgible individual' 
means an individual who is determined, in accordance with 
subsection (b), to be a covered individual who sustains a covered 
injury.". 

This Act may be cited as the "Department of Defense, Emer- 
gency Supplemental Appropriations to Address Hurricanes in the 
Gulf of Mexico, and Pandemic Influenza Act, 2006". 

Approved December 30, 2005. 



legislative mSTORY— H.R. 2863: 

HOUSE REPORTS: Nos. 109-119 (Comm. on Appropriations) and 109-359 

(Conun. of Conference). 
SENATE REPORTS: No. 109-141 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

June 20, considered and passed House. 

Sept. 29, 30, Oct. 3-7, considered and passed Senate, amended. 

Dec. 19, House agreed to conference report. 

Dec. 21, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005): 

Dec. 30, Presidential statement. 



o 



349 



PUBLIC LAW 109-152— DEC. 30, 2005 119 STAT. 2887 



Public Law 109-152 
109th Congress 

An Act 

To authorize the American Battle Monuments Commission to establish in the State Dec. 30, 2005 

of Louisiana a memorial to honor the Buf&lo Soldiers. [S 205] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Buffalo Soldiers 

Commemoration 
SECTION 1. SHORT TITLE. Act of 2005. 

This Act may be cited as the "Buffalo Soldiers Commemoration 
Act of 2005". 

SEC. 2. ESTABLISHMENT OF BUFFALO SOLDIERS MEMORIAL. 

(a) Authorization. — The American Battle Monuments 
Commission is authorized to establish a memorial to honor the 
Buffalo Soldiers in or around the City of New Orleans on land 
donated for such purpose or on Federal land with the consent 
of the appropriate land manager. 

(b) Contributions. — ^The Commission shall solicit and accept 
contributions for the construction and maintenance of the memorial. 

(c) Cooperative Agreements. — The Commission may enter 
into a cooperative agreement with a private or public entity for 
the purpose of fundraising for the construction and maintenance 
of the memoried. 

(d) Maintenance Agreement. — Prior to beginning construction 
of the memorial, the Commission shall enter into an agreement 
with an appropriate public or private entity to provide for the 
permanent maintenance of the memoried and shall have sufficient 
funds, or assurance that it will receive sufficient funds, to complete 
the memorial. 

SEC. 3. BUFFALO SOLDIERS MEMORIAL ACCOUNT. 

(a) Establishment. — ^The Commission shall maintain an 
escrow account ("account") to pay expenses incurred in constructing 
the memorial. 

(b) Deposits Into the Account.— The Commission shall 
deposit into the account any principal and interest by the United 
States that the Chairman determines has a suitable maturity. 

(c) Use of Account. — ^Amounts in the accoimt, including pro- 
ceeds of any investments, may be used to pay expenses incurred 
in estabKslung the memorial. After construction of the memorial 
amounts in the accotmt shall be transferred by the Commission 
to the entity providing for permanent maintenance of the memorial 
imder such terms and conditions as the Commission determines 
will ensure the proper use and accovmting of the amounts. 



350 



119 STAT. 2888 PUBLIC LAW 109-152— DEC. 30, 2005 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 
be necessary to carry out this Act. 

Approved December 30, 2005. 



LEGISLATIVE mSTORY— S. 205: 

SENATE REPORTS: No. 109-24 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

July 26, considered and passed Senate. 

Dec. 18, considered and passed House. 



o 



351 



PUBLIC LAW 109-153— DEC. 30, 2005 119 STAT. 2889 



Public Law 109-153 
109th Congress 

An Act 

To provide financial assistance for the rehabilitation of the Bei\]'amin Franklin _j^ ^ 
National Memorial in Philadelphia, Pennsylvania, and the development of an ' ' 



exhibit to commemorate the 300th arauversary of the birth of Benjamin Franklin. IS. 652] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Benjamin 

Franklin 

SECTION 1. SHORT TITLE. National 

This Act may be cited as the "Benjamin Franklin National S^'Soration 
Memorial Commemoration Act of 2005". Act of 2005. 

SEC. 2. BENJAMIN FRANKLIN NATIONAL MEMORIAL. 

The Secretary of the Interior may provide a grant to the 
Franklin Institute to — 

(1) rehabilitate the Benjamin Franklin National Memorial 
(including the Franklin statue) in Philadelphia, Pennsylvania; 
and 

(2) develop an interpretive exhibit relating to Benjamin 
Franklin, to be displayed at a museimi adjacent to the Benjamin 
Franklin National Memorial. 

SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

(a) In General. — ^There is authorized to be appropriated to 
carry out this Act $10,000,000. 

(b) Required Match.— The Secretary of the Interior shall 
require the Franklin Institute to match any amoimts provided 
to the Franklin Institute imder this Act. 

Approved December 30, 2005. 



LEGISLATIVE HISTORY— S. 652: 

SENATE REPORTS: No. 109-147 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

Nov. 16, considered and passed Senate. 

Dec. 18, considered and passed House. 



o 



352 



119 STAT. 2890 PUBLIC LAW 109-154— DEC. 30, 2005 



Public Law 109-154 
109th Congress 

An Act 

Dec. 30, 2005 To amend the Public Lands Corps Act of 1993 to provide for the conduct of projects 

[S. 1238] *^*^* protect forests, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

PubHc Lands the United States of America in Congress assembled. 
Corps Healthy 

Forests SECTION 1. SHORT TITLE. 

Restoration Act mi . » • • i i u-n , ■•• -r , ^ ,-, , , 

of 2005. This Act may be ated as the Public Lands Corps Healthy 

16 use 1701 Forests Restoration Act of 2005". 
note. 

SEC. 2. AMENDMENTS TO THE PUBLIC LANDS CORPS ACT OF 1993. 

(a) Definitions.— Section 203 of the Public Lands Corps Act 
of 1993 (16 U.S.C. 1722) is amended— 

(1) by redesignating paragraphs (8), (9), (10), and (11) 
as paragraphs (9), (10), (11), and (13), respectively; 

(2) by inserting after paragraph (7) the following: 

"(8) Priority project. — The term 'priority project' means 
an appropriate conservation project conducted on eUgible 
service lands to further 1 or more of the purposes of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et 
seq.), as follows: 

"(A) To reduce wildfire risk to a community, municipal 
water supply, or other at-risk Federal land. 

"(B) To protect a watershed or address a threat to 
forest and rangeland health, including catastrophic wild- 
fire. 

"(C) To address the Impact of insect or disease infesta- 
tions or other damaging agents on forest and rangeland 
health. 

"(D) To protect, restore, or enhance forest ecosystem 
components to — 

"(i) promote the recovery of threatened or endan- 
gered species; 

"(ii) improve biological diversity; or 
"(iii) enhance productivity and carbon sequestra- 
tion."; and 

(3) by inserting after paragraph (11) (as redesignated by 
paragraph (1)) the following: 

"(12) Secretary.— The term 'Secretary' means — 

"(A) with respect to National Forest System land, the 

Secretary of Agriculture; and 

"(B) with respect to Indian lands, Hawaiian home 

lands, or land administered by the Department of the 

Interior, the Secretary of the Interior.". 



353 



PUBLIC LAW 109-154— DEC. 30, 2005 119 STAT. 2891 

(b) Qualified Youth or Conservation Corps. — Section 204(c) 
of the Public Lands Corps Act of 1993 (16 U.S.C. 1723(c)) is 
amended — 

(1) by striking "The Secretary of the Interior and the Sec- 
retary of Agriculture are" and inserting the following: 

"(1) In general.— The Secretary is"; and 

(2) by adding at the end the following: 
"(2) Preference. — 

"(A) In general. — For purposes of entering into con- 
tracts and cooperative agreements under paragraph (1), 
the Secretary may give preference to qualified youth or 
conservation corps located in a specific area that have 
a substantial portion of members who are economically, 
physically, or educationally disadvantaged to carry out 
projects within the area. 

"(B) PRlORiry projects. — ^In carrying out priority 
projects in a specific area, the Secretary shall, to the max- 
imum extent practicable, give preference to qualified youth 
or conservation corps located in that specific area that 
have a substantial portion of members who are economi- 
cally, physically, or educationally disadvantaged.". 

(c) Conservation Projects. — Section 204(d) of the Public 
Lands Corps Act of 1993 (16 U.S.C. 1723(d)) is amended— 

(1) in tiie first sentence — 

(A) by striking "The Secretary of the Interior and the 
Secretary of Agriculture may each" and inseiiing the fol- 
lowing: 

"(1) In general.— The Secretary may"; and 

(B) by striking "such Secretary" and inserting "the 
Secretary"; 

(2) in the second sentence, by striking "Appropriate con- 
servation" and inserting the following: 

"(2) Projects on Indian lands. — ^Appropriate conserva- 
tion"; and 

(3) by striking the third sentence and inserting the fol- 
lowing: 

"(3) Disaster prevention or relief projects.— The Sec- 
retary may authorize appropriate conservation projects and 
other appropriate projects to be carried out on Federal, State, 
local, or private land as part of a Federal disaster prevention 
or relief effort." 

(d) Conservation Centers and Program Support. — Section 
205 of the Public Lands Corps Act of 1993 (16 U.S.C. 1724) is 
amended — 

(1) by striking the heading and inserting the following: 

"SEC. 205. CONSERVATION CENTERS AND PROGRAM SUPPORT."; 

(2) by striking subsection (a) and inserting the following: 
"(a) Establishment and Use.— 

"(1) In general. — The Secretary may estabhsh and use 
conservation centers owned and operated by the Secretary for — 
"(A) use by the Pubhc Lands Corps; and 
"(B) the conduct of appropriate conservation projects 
under this title. 

"(2) Assistance for conservation centers.— The Sec- 
retary may provide to a conservation center established under 
paragraph (1) any services, facilities, equipment, and supplies 



354 



119 STAT. 2892 PUBLIC LAW 109-154— DEC. 30, 2005 

that the Secretary determines to be necessary for the conserva- 
tion center. 

"(3) Standards for conservation centers. — The Sec- 
retary shall — 

"(A) estabhsh basic standards of health, nutrition, sani- 
tation, and safety for all conservation centers established 
under paragraph (1); and 

"(B) ensure that the standards estabhshed under 
subparagraph (A) are enforced. 

"(4) Management. — ^As the Secretary determines to be 
appropriate, the Secretary may enter into a contract or other 
appropriate Eirrangement with a State or local government 
agency or private organization to provide for the management 
of a conservation center."; and 

(3) by adding at the end the following: 
"(d) Assistance. — ^The Secretary may provide any services, 
faciUties, equipment, suppUes, technical assistance, oversight, moni- 
toring, or evaluations that are appropriate to carry out this title.". 

(e) Living Allowances and Terms of Service. — Section 207 
of the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended— 

(1) by striking subsection (a) and inserting the following: 
"(a) Living Allowances. — ^The Secretary shall provide each 

participant in the Public Lands Corps and each resource assistant 
with a living allowance in an amount established by the Secretary."; 
and 

(2) by adding at the end the following: 
"(c) Hiring.— The Secretary may— 

"(1) grant to a member of the Public Lands Corps credit 
for time served with the Public Lands Corps, which may be 
used toward future Federal hiring; and 

"(2) provide to a former member of the Public Lands Corps 
noncompetitive hiring status for a period of not more than 
120 days after the date on which the member's service with 
the Public Lands Corps is complete.". 

(f) Funding.— The PubUc Lands Corps Act of 1993 is amended — 

(1) in section 210 (16 U.S.C. 1729), by adding at the end 
the following: 

"(c) Other Funds. — ^Amounts appropriated pursuant to the 
authorization of appropriations under section 211 are in addition 
to amounts allocated to the PubUc Lands Corps through other 
Federal programs or projects."; and 

(2) by inserting after section 210 the following: 

16 use 1730. '•SEC. 21 1. AUTHORIZATION OF APPROPRIATIONS. 

"(a) In General. — There is authorized to be appropriated to 
carry out this title $12,000,000 for each fiscal year, of which 
$8,000,000 is authorized to carry out priority projects and 
$4,000,000 of which is authorized to carry out other appropriate 
conservation projects. 

"(b) Disaster Relief or Prevention Projects. — Notwith- 
standing subsection (a), any amounts made available under that 
subsection shall be available for disaster prevention or relief 
projects. 

"(c) Availability of Funds. — Notwithstanding any other provi- 
sion of law, amounts appropriated for any fiscal year to carry 
out this title shall remain available for obhgation and expenditure 



355 



PUBLIC LAW 109-154— DEC. 30, 2005 119 STAT. 2893 

until the end of the fiscal year following the fiscal year for which 
the amounts are appropriated.". 

(g) Conforming Amendments.— The Public Lands Corps Act 
of 1993 is amended — 

(1) in section 204 (16 U.S.C. 1723)— 

(A) in subsection (b) — 

(i) in the first sentence, by striking "Secretary 
of the Interior or the Secretary of Agricxilture" and 
inserting "Secretary"; 

(ii) in the third sentence, by striking "Secretaries" 
and inserting "Secretary"; and 

(iii) in the fourth sentence, by striking "Secre- 
taries" and inserting "Secretary"; and 

(B) in subsection (e), by striking "Secretary of the 
Interior and the Secretary of Agriculture" and inserting 
"Secretary"' 

(2) in section 205 (16 U.S.C. 1724)— 

(A) in subsection (b), by striking "Secretary of the 
Interior and the Secretary of Agriculture" and inserting 
"Secretary"; and 

(B) in subsection (c), by striking "Secretary of the 
Interior and the Secretary of Agriculture" and inserting 

(3) in section 206 (16 U.S.C. 1725)— 

(A) in subsection (a) — 

(i) in the first sentence — 

(I) by striking "Secretary of the Interior and 
the Secretzuy of Agriculture are each" and 
inserting "Secretary is"; and 

(II) by striking "such Secretary" and inserting 
"the Secretary"; 

(ii) in the thu"d sentence, by striking "Secretaries" 
and inserting "Secretary"; and 

(iii) in the fourth sentence, by striking "Secre- 
taries" and inserting "Secretary"; and 

(B) in the first sentence of subsection (b), by striking 
"Secretary of the Interior or the Secretary of A^culture" 
and inserting "the Secretary"; and 

(4) in section 210 (16 U.S.C. 1729)— 

(A) in subsection (a) — 

(i) in paragraph (1), by striking "Secretary of the 
Interior and the Secretary of Agriculture are each" 
and inserting "Secretary is"; and 

(ii) in paragraph (2), by striking "Secretary of the 
Interior and the Secretary of Agriculture are each" 
and inserting "Secretary is"; and 



356 



119 STAT. 2894 PUBLIC LAW 109-154— DEC. 30, 2005 

(B) in subsection (b), by striking "Secretary of the 
Interior and the Secretaiy of Agriculture" and inserting 
"Secretary". 

Approved December 30, 2005. 



LEGISLATIVE HISTORY— S. 1238 (H.R. 2875): 

HOUSE REPORTS: No. 109-273, Pt. 1 accompanying H.R. 2875 (Comm. on Re- 
sources). 
SENATE REPORTS: No. 109-152 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, VoL 151 (2005): 

Nov. 16, considered and passed Senate. 

Dec. 18, considered and passed House. 



o 



357 



119 STAT. 2946 



PUBLIC LAW 109-156— DEC. 30, 2005 



Public Law 109-156 
109th Congress 



An Act 



Dec. 30, 2005 
[S. 1310] 



Delaware Water 

Gap National 

Recreation Area 

Improvement 

Act 

16 use 461 note. 



To authorize the Secretary of the Interior to allow the Columbia Gas Transmission 
Corporation to increase the diameter of a natural gas pipeline located in the 
Delaware Water Gap National Recreation Area, to allow certain commercial vehi- 
cles to continue to use Route 209 within Delaware Water Gap National Recreation 
Area, and to extend the termination date of the National Park System Advisoiy 
Board to January 1, 2007. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Delaware Water Gap National 
Recreation Area Improvement Act". 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Corporation. — ^The term "Corporation" means the 
Colvraibia Gas Transmission Corporation. 

(2) Pipeline. — ^The term "pipeline" means that portion of 
the pipeline of the Corporation numbered 1278 that is — 

(A) located in the Recreation Area; and 

(B) situated on 2 tracts designated by the Corporation 
as ROW No. 16405 and No. 16413. 

(3) Recreation area. — ^The term "Recreation Area" means 
the Delaware Water Gap National Recreation Area in the 
Commonwealth of Pennsylvania. 

(4) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

(5) Superintendent. — ^The term "Superintendent" means 
the Superintendent of the Recreation Area. 

SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE. 

(a) In General. — ^The Secretary may enter into an agreement 
with the Corporation to grant to the Corporation an easement 
to enlarge the diameter of the pipeline from 14 inches to not 
more than 20 inches. 

(b) Terms and Conditions. — ^The easement authorized under 
subsection (a) shall — 

(1) be consistent with — 

(A) the recreational values of the Recreation Area; 
and 

(B) protection of the resoiu-ces of the Recreation Area; 

(2) include provisions for the protection of resources in 
the Recreation Area that ensure that only the minimum and 



358 



PUBLIC LAW 109-156— DEC. 30, 2005 119 STAT. 2947 

necessary amount of disturbance, as determined by the Sec- 
retary, shall occur during the construction or maintenance of 
the enlarged pipeline; 

(3) be consistent with the laws (including regulations) and 
policies applicable to units of the National Park System; and 

(4) be subject to any other terms and conditions that the 
Secretary determines to be necessary; 

(c) Permits.— 

(1) In general. — ^The Superintendent may issue a permit 
to the Corporation for the use of the Recreation Area in accord- 
ance with subsection (b) for the temporary construction and 
staging areas required for the construction of the enlarged 
pipeline. 

(2) Prior to issuance. — The easement authorized under 
subsection (a) and the permit authorized vmder paragraph (1) 
shall require that before the Superintendent issues a permit 
for any clearing or construction, the Corporation shall — 

(A) consult with the Superintendent; 

(B) identify natural £md cultural resources of the Recre- 
ation Area that may be damaged or lost because of the 
clearing or construction; and 

(C) submit to the Superintendent for approved a res- 
toration and mitigation plan that — 

(i) describes how the land subject to the easement 
will be maintained; and 

(ii) includes a schedule for, and description of, 
the specific activities to be carried out by the Corpora- 
tion to mitigate the damages or losses to, or restore, 
the natural and cultural resources of the Recreation 
Area identified under subparagraph (B). 

(d) Pipeline Replacement Requirements. — The enlargement 
of the pipeline authorized under subsection (a) shall be considered 
to meet the pipeline replacement requirements required by the 
Research and Specisd Programs Administration of the Department 
of Transportation (CPF No. 1-2002-1004-H). 

(e) FERC Consultation. — The Corporation shall comply with Certification, 
all other requirements for certification by the Federal Energy Regu- 
latory Commission that are necessary to permit the increase in 

pipeline size. 

(0 Limitation. — ^The Secretary shall not grant any additional 
increases in the diEimeter of, or easements for, the pipeline within 
the boundary of the Recreation Area after the date of enactment 
of this Act. 

(g) Effect on Right-of-Way Easement. — Nothing in this Act 
increases the 50-foot right-of-way easement for the pipeUne. 

(h) Penalties. — ^On request of the Secretary, the Attorney Gen- 
eral may bring a civil action against the Corporation in United 
States district court to recover damages and response costs under 
PubHc Law 101-337 (16 U.S.C. 19jj et seq.) or any other apphcable 
law if — 

(1) the Corporation — 

(A) violates a provision of — 

(i) an easement authorized under subsection (a); 
or 

(ii) a permit issued under subsection (c); or 



359 



119 STAT. 2948 PUBLIC LAW 109-156— DEC. 30, 2005 

(B) fails to submit or timely implement a restoration 
and mitigation plan approved under subsection (c)(2)(C); 
and 
(2) the violation or failure destroys, results in the loss 

of, or injures any park system resource (as defined in section 

1 of Public Law 101-337 (16 U.S.C. I9jj)). 

SEC. 4. USE OF CERTAIN ROADS WriBlN DELAWARE WATER GAP, 

Section 702 of Division I of the Omnibus Parks and PubUc 
Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 
4185) is amended — 

(1) in subsection (a), by striking "at noon on September 
30, 2005" and inserting "on the earlier of the date on which 
a feasible alternative is available or noon of September 30, 
2015"; and 

(2) in subsection (c) — 

(A) in paragraph (1), by striking "September 30, 2005" 
and inserting "on the earlier of the date on which a feasible 
alternative is available or September 30, 2015"; and 

(B) in paragraph (2) — 

(i) by striking "noon on September 30, 2005" and 
inserting "the earlier of the date on which a feasible 
alternative is available or noon of September 30, 2015"; 
and 

(ii) by striking "not exceed $25 per trip" and 
inserting the following: "be estabhshed at a rate that 
would cover the cost of collection of the commercial 
use fee, but not to exceed $40 per trip". 

16 use 463 note. SEC. 5. TERMINATION OF NATIONAL PARK SYSTEM ADVISORY BOARD. 

Effective on January 1, 2006, section 3(f) of the Act of August 
21, 1935 (16 U.S.C. 463(f)) is amended in the first sentence by 
striking "2006" and inserting "2007". 

Approved December 30, 2005. 



LEGISLATIVE HISTORY — S. 1310 (H.R. 3124): 

HOUSE REPORTS; No. 109-334 accompanying H.R. 3124 (Comm. on Resources). 
SENATE REPORTS: No. 109-194 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 151 (2005): 

Dec. 16, considered and passed Senate. 

Dec. 18, considered and passed House. 



o 



360 



119 STAT. 3136 



PUBLIC LAW 109-163— JAN. 6, 2006 



Public Law 109-163 
109th Congress 



Jan. 6. 2006 
IH.R. 1815] 



National Defense 
Authorization 
Actfor Fifical 
Year 2006. 



An Act 



To authorize appropriations for fiscal year 2006 for military activities of the Depart- 
ment of Defense, for military construction, and for defense activities of the Depart- 
ment of Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled^ 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "National Defense Authorization 
Act for Fiscal Year 2006". 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(a) Divisions. — This Act is organized into three divisions as 
follows: 

(1) Division A — Department of Defense Authorizations. 

(2) Division B — Military Construction Authorizations. 

(3) Division C — Department of Energy National Security 
Authorizations emd Other Authorizations. 

(b) Table of Contents.— The table of contents for this Act 

is as foUows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

Division A— Department of Defense Authorizations 

TITLE I— PROCUREMENT 

SuBTTTLE A— Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Subtitle B— Arsiy Programs 

Sec. 111. Multiyear procurement authority for utility helicopters. 

Sec. 112. Multiyear procurement authority for moaemized target acquisition des- 
ignation sight/pilot night vision sensors for AH-64 Apache attack heli- 
copters. 

Sec. 113. Multiyear procurement authority for conversion of AH-64A Apache attack 
helicopters to the AH-64D Block II configuration. 

Sec. 114. Acquisition strategy for tactical wheeled vehicle programs. 

Sec. 115. Report on Army Modular Force Initiative. 

Subtttle C— Navy Programs 

Sec. 121. Virginia-class submarine program. 

Sec. 122. LHA Replacement (LHA(R)) amphibious assault ship program. 
Sec. 123. Cost limitation for next-generation destroyer program. 
Sec. 124. Littoral Combat Ship (LUS) program. 

Sec. 125. Prohibition on acquisition of next-generation destroyer through a single 
shipyard. 



361 



119 STAT. 3146 PUBLIC LAW 109-163— JAN. 6, 2006 

TITLE K— DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 

SuBTiTLf A— General Department of Defense Managebient Mattebs 

Sec. 901. Parity in pay levels among Under Secretary positions. 

Sec. 902. Expansion of eligibility for leadership of Department of Defense Teat Re- 
source Management Center. 

Sec. 903. Standardization of authority for acceptance of gifts and donations for De- 
partment of Defense regional centers for security studies. 

Sec. 904. Directors of Small Business Programs in Department of Defense and mili- 
tary departments. 

Sec. 905. Plan to defend the homeland against cruise missiles and other low-alti- 
tude aircraft. 

Sec. 906. Provision of audiovisual support services by White House Communica- 
tions Agency on nonreimbursable basis. 

Sec. 907. Report on establishment of a Deputy Secretary of Defense for Manage- 
ment. 

Sec. 908, ResponsibiUty of the Joint Chiefs of Staff as military advisers to the 
Homeland Security Coimcil. 

Sec. 909. Improvement in health care services for residents of Armed Forces Retire- 
ment Home. 

SxiBTmE B— Space Activities 

Sec. 911. Space Situational Awareness Strategy and space control mission review. 

Sec. 912. Mihtar^ satellite communications. 

Sec. 913. Operationally responsive space. 

Sec. 914. Report on use of Space Radar for topographical mapping for scientific and 

civil purposes. 
Sec. 915. Sense of Confess regarding national security aspect of United States 

preeminence in human spaceflight. 

SuBTiTiE C— Chemical Demilitarization Procsoam 

Sec. 921. Clarification of Cooperative Agreement Authority under Chemical DemiU- 

tarization Program. 
Sec. 922. Chemical demilitarization facilities. 

Subtitle D — Intelligence-Related Matters 

Sec. 931. Department of Defense Strat^y for Open-Source Intelligence. 
Sec. 932. Comprehensive inventory of Department of Defense Intelligence and In- 
telligence-related programs and projects. 
Sec. 933. Operational files of the Defense Intelligence Agency. 

TITLE X— GENERAL PROVISIONS 

Subtitle A— Financial Matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Authorization of emergency supplemental appropriations for fiscal years 
2005 and 2006. 

Sec. 1003. Increase in fiscal year 2005 general transfer authority. 

Sec. 1004. Reports on feasibility and desirabihty of capital budgeting for major de- 
fense acquisition programs. 

Sec. 1005. United States contribution to NATO common-fimded budgets in fiscal 
year 2006. 

Subtitle B— Naval Vessels and Shipyaros 

Sec. 1011. Conveyance, Navy drydock, Seattle, Washington. 

Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida. 

Sec. 1013. Conveyance, Navy drydock. Port Arthur, Texas. 

Sec. 1014. Transfer of battleships U.S.S. WISCONSIN and U.S.S. IOWA. 

Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman. 

Sec. 1016. Report on leasing of vessels to meet national defense sealifl require- 
ments. 

Sec. 1017. Establishment of the USS Oklahoma Memorial and other memorials at 
Pearl Harbor. 

Sec. 1018. Authority to use National Defense SeaUft Fund to purchase certain mar- 
itime prepositioning ships currently under charter to the Navy. 

Subtitle C— Counter-Drug AcnvmES 

Sec. 1021. Resumption of reporting re<^uirement regarding Department of Defense 
expenditures to support foreign counter-drug activities. 

ii It ie it ic ie 4i 



362 



PUBLIC LAW 109-163— JAN. 6, 2006 119 STAT. 3151 

Part HI — ^Aih Force Conveyances 

Sec. 2861. Purchase of build-to-lease family housing, Eielson Air Force Base, Alas- 
ka. 
Sec. 2862. Land conveyance. Air Force property, Jacksonville, Arkansas. 
Sec. 2863. Land conveyance. Air Force property, La Junta, Colorado. 
Sec. 2864. Lease, National Imagery and Mapping Agency site, St. Louis, Missouri. 

SuBTnuE E — Other Matters 

Sec. 2871. Clarification of moratorium on certain improvements at Fort Buchanan, 

Puerto Rico. 
— -^ Sec. 2872. Transfer of excess Department of Defense property on Santa Rosa and 

Okaloosa Island, Florida, to Gulf Islands National Seashore. 
Sec. 2873. Authorized miUtary uses of Papago Park Military Reservation, Phoenix, 

Arizona. 
Sec. 2874. Assessment of water needs for Presidio of Monterey and Ord Military 

Community. 
Sec. 2875. Redesignation of McEntire Air National Guard Station, South Carolina, 

as McEntire Joint Nationed Guard Base. 
Se